Was at work today driving on the M5 got stuck in traffic which delayed me by around 45 mins. About an hour later got a message through on our in cab computer and was on break so decided to reply. The message was telling all drivers to avoid M5 due to congestion, well its a common thing to get the messages after the event so I decided to be a smart arse and reply back telling the clerk he was too late and that I had already been stuck in it.
Got a reply saying that I should have phoned up about the congestion so they could inform others to avoid the area. I didnt have my bluetooth on me so couldn’t ring anyway which I pointed out. So when I got back to depot I pointed out it would be illigal to use my phone while stuck in traffic only to be told by said clerk that its OK to use your phone as long as the truck isn’t moving. At this point I had to walk off lmfao
If he thinks I’m gonna pick my phone up in Angus Mc Plods back yard and ring up to tell him I’m stuck in a bit of traffic he’s got no chance.
NewLad:
Was at work today driving on the M5 got stuck in traffic which delayed me by around 45 mins. About an hour later got a message through on our in cab computer and was on break so decided to reply. The message was telling all drivers to avoid M5 due to congestion, well its a common thing to get the messages after the event so I decided to be a smart arse and reply back telling the clerk he was too late and that I had already been stuck in it.
Got a reply saying that I should have phoned up about the congestion so they could inform others to avoid the area. I didnt have my bluetooth on me so couldn’t ring anyway which I pointed out. So when I got back to depot I pointed out it would be illigal to use my phone while stuck in traffic only to be told by said clerk that its OK to use your phone as long as the truck isn’t moving. At this point I had to walk off lmfao
If he thinks I’m gonna pick my phone up in Angus Mc Plods back yard and ring up to tell him I’m stuck in a bit of traffic he’s got no chance.
There not arsed are they, not there licence so they think ■■■■ it
cieranc:
Were you stationary in the traffic? Could you have swithced off the engine and made the phone call?
No you are in charge of the vehicle and he was on a motorway. I got done using my fone in stationary traffic office noticed on the tracker i hadnt moved in 15 mins and called me to see what the hold up was and 2 beat plod seen me and issued a fixed penalty whilst i was in the que .Lesson learned for me
cieranc:
Were you stationary in the traffic? Could you have swithced off the engine and made the phone call?
I wondered the same.We were told,before hands free etc. to pull into a lay by,engine off,then all was ok.Does pulling off the road and turning the engine off make me not in charge of the vehicle? Motorway or whatever-stationary for the immediate future-make a brew,phone your missus,or whoever.What real difference does it make?
cieranc:
Were you stationary in the traffic? Could you have swithced off the engine and made the phone call?
No you are in charge of the vehicle and he was on a motorway. I got done using my fone in stationary traffic office noticed on the tracker i hadnt moved in 15 mins and called me to see what the hold up was and 2 beat plod seen me and issued a fixed penalty whilst i was in the que .Lesson learned for me
so can you mess with a sat nav, or onboard computer gadgets? or is that different?
So you pull into a layby/services, switch off the engine and apply park brake. You’re sat in the drivers seat and the keys are in the ignition. If you were suspected of drink driving, you’d be considered to be in control of the vehicle.
cieranc:
So you pull into a layby/services, switch off the engine and apply park brake. You’re sat in the drivers seat and the keys are in the ignition. If you were suspected of drink driving, you’d be considered to be in control of the vehicle.
What’s the difference with a phone call?
Well different people wrote the two laws didn’t they?
It is legal to use a hand-held phone while the vehicle is stationary with the engine off and the hand brake on and you are parked in a safe place because you can’t do any damage then.
In the above situation if you are drunk you have the potential to cause problems because your inhibitions are lowered, so you need a further level of safety i.e. the Barman has your keys.
cieranc:
Were you stationary in the traffic? Could you have swithced off the engine and made the phone call?
No you are in charge of the vehicle and he was on a motorway. I got done using my fone in stationary traffic office noticed on the tracker i hadnt moved in 15 mins and called me to see what the hold up was and 2 beat plod seen me and issued a fixed penalty whilst i was in the que .Lesson learned for me
Well you should have appealed it.
This is what the law says:
The Road Vehicles (Construction and Use) Regulations 1986(1) are amended by inserting after regulation 109–
“Mobile telephones
110.–(1) No person shall drive a motor vehicle on a road if he is using–
(a)a hand-held mobile telephone; or .
(b)a hand-held device of a kind specified in paragraph (4). .
(2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using–
(a)a hand-held mobile telephone; or .
(b)a hand-held device of a kind specified in paragraph (4).
The key word there is ‘drive’. It doesn’t say ‘be in control of a motor vehicle’, it says ‘no person shall drive a motor vehicle’.
So what does ‘drive’ mean?
Cambridge dictionary says: " to move or travel on land in a motor vehicle, especially as the person controlling the vehicle’s movement".
Now courts will use the OED, not the Cambridge dictionary, but I would imagine it’s the same definition there.
So, if you’re sat in traffic, engine off and park brake on, are you moving or travelling? No. If you’re not moving or travelling you don’t meet the definition of driving. And if you’re not driving, you’re not commtting an offence by using your phone.
Seagoon:
cieranc:
So you pull into a layby/services, switch off the engine and apply park brake. You’re sat in the drivers seat and the keys are in the ignition. If you were suspected of drink driving, you’d be considered to be in control of the vehicle.
What’s the difference with a phone call?
Well different people wrote the two laws didn’t they?
It is legal to use a hand-held phone while the vehicle is stationary with the engine off and the hand brake on and you are parked in a safe place because you can’t do any damage then.
In the above situation if you are drunk you have the potential to cause problems because your inhibitions are lowered, so you need a further level of safety i.e. the Barman has your keys.
Yes mate, my point there isn’t that the law differs in interpretation, rather that the commentator who said that you can’t make a phone call whilst ‘in control’ of the vehicle is wrong. That’s not what the law says, the law says ‘driving’.
The Sarge:
FFS! Using a mobile phone when held up in traffic will get you a ticket if spotted by Plod. End of.
are you what is commonly known as a “YES MAN?”
Nope, just don’t see the point in risking a ticket then going to the ball-ache of appealing it. Don’t use the phone - simples. WHAT phone call is so important that it can’t wait - unless it’s an emergency it can wait.
But some drivers try to be difficult on purpose, what’s wrong with doing the windows up, putting it on loud speaker and leaving the thing in the centre console? Your stationary in traffic after all, no different to reaching for your tacho head or radio.
