Whilst I don’t like people using the phone while driving I can’t understand how you can recieve points and fine and then the TC has his two penneth on top.
This surely is double jeapordy as the fine and points have exonerated the original offence.
If you get a ban from the TC how does it work because if he suspends your licence it must have an ■■99 code for a ban which stays on your licence for 10 Years.
I would get some legal advice on this one as I think its a little over the top for what you say you did.
well, as i see it… if vosa wish the TC to get involved, they should inform them… i am not gonna “hand myself in” as i have already received a “fixed penalty” and that should be that…
can you see a rep getting a 2 week ban and standing for it? lol
i have seen those “professional” drivers reading notes on A4 sheets of paper, phone jammed under ear & shoulder and cup of coffee in the other hand… resting the heel of the coffee cup hand on the side of the wheel for stability… all while drifting the 3rd lane, nothing in front, nothing in 2nd lane…
on the whole i held my hands up to the bike cop, and duely accepted the fixed penalty… but im gonna be feked if TC are gonna give me a ban on top without a fight… and your right m8, legal advice seems the best option…
and if the TC want me, they can come get me.
cant do the time …then dont do the crime
as afr as i know the TC can suspend, revoke your hgv licence if you are convicted of any motoring offence whilst driving a hgv.
I got caught without records a few years back and received a warning from plod(verbal) not a caution, but on renewing my hgv I was asked for an explanation of circumstances. by TC.
mercjim:
ye, but the main question was… can i get done twice for the same offence?and np quinny, the cop was doing his job…
the fine and points i can deal with… but a 2 week suspension is gonna be about £900 earnings lost
You are not getting done for the same offence twice. You are getting done once by the police for using a mobile phone.
The Traffic Commissioner has no judicial powers, but when you got a vocational licence you agreed to these terms. If you get done for overloading, drink driving or drivers hours offences you also have to report these to the TC.
However I think because there is high profile policing about this, then the TC may have already been made aware an offence was commited. That doesnt negate your responsibility to report it to him / her.
Do you feel lucky? Do you want to challenge the summons?
Whilst driving through my home city the other day i saw a coach driver giving a running commentary into his mic i presume it was about the history of chester and i just thought to myself whats the difference between that and using a mobile ? non in my opinion.However i have no sympathy for people caught using there phone its law so get on with it.I just ignore it, if it rings and havent got my headset on,you can always pull in on the hard shoulder and bang the hazards on if its an emergency, the foreigners seem to get away with it
pull over on the motorway to answer a call. theyll nick you. not an emergency.
and yes , i have seen people do it. even seen white van man at 70mph with a newspaper resting on the wheel. 
To my mind you are concentrating on the wrong thing here. Never mind whether you had answered, were talking or whatever, if your wagon was stationary with the handbrake on you weren’t driving.
I would contest it and produce the tacho as back up.
smiler:
i have no sympathy for people caught using there phone its law so get on with it.I just ignore it, if it rings and havent got my headset on,you can always pull in on the hard shoulder and bang the hazards on
LOL !!!
Been in the same boat myself, got my self a bluetooth ear thing when all this mobile stuff started
as not wanting any points for using the old dog & bone
was on the buletooth talking, call ended so i pressed the ear piece a few times but nothing happened
so i picked up the handset of the dash and pressed end call and put it back on the dash
plod was along side me in his unmarked car so that was 3 points & £60
even though he could see i had a bluetooth headset on and saw that the phone never went anywhere near my ear to use it,
But he just wasnt interested as this was the biggest crime the 5ft 5ins dwarf (with more kit on his belt than Indiana Jones) had ever been involved in i think He was more concerned that i was a lorry driver & was in a transit van which i have for taking my off road bike around in. Sadly he had no info on the 3 breakins at my house over the last 2 years 
as it was not his department as he was a real crimestopper
No sympathy… Sorry.
It’s quite simple really - switch off before you drive off, as the adverts tell us. If your boss starts moaning just ask him what he did before mobile 'phones? Too much reliance is made on the bloody things these days. 
I am biased though, it’s nothing personal - I just loathe the things.
I do have sympathy!
I’ve just got a bluetooth because of stupidity like this. Never mind, the copper was sorting out the ill in this country by doing you.
And, personally, I hate laws like this one. Who says it’s more dangerous to use a mobile whilst driving, and do I give a toss anyway. The seatbelt law is another piece of ■■■■■ law that springs to mind - there’s many more but I can’t be arsed.
Rant over.
Stan
Stanley Knife:
I’ve just got a bluetooth because of stupidity like this.
There was a case 2 or 3 months ago where a guy touched his earpiece (bluetooth?) and was prosecuted with a fine and 3 points. Think this was on the Isle of Wight so its not just touching the phone that’ll get you prosecuted.
Fastrantiger:
There was a case 2 or 3 months ago where a guy touched his earpiece (bluetooth?) and was prosecuted with a fine and 3 points. Think this was on the Isle of Wight so its not just touching the phone that’ll get you prosecuted.
Why does this not surprise me!!!
Stan
The other driver at my place recieved a 2 week ban last christmas for using his phone while driving,
(this was before all the new rules)
he got a slap on the wrist from the police, no points or fine,
but the TC gave him a 2 week ban for driving without due care etc,
Like i say though before the new rules came in.
Owen
Hippo:
The other driver at my place recieved a 2 week ban last christmas for using his phone while driving,
(this was before all the new rules)
he got a slap on the wrist from the police, no points or fine,
but the TC gave him a 2 week ban for driving without due care etc,
Like i say though before the new rules came in.Owen
Extra driving bans from the TC are not new. I remember around 1984 when Abbey Hill got done for speeding and drivers hours. Many of the drivers had to attend Harehills House to get another reprimand and had the licences suspended for short periods
so possibly best off reporting it myself to the TC?
if i dont will the conciquences be more sevier?
mercjim:
so possibly best off reporting it myself to the TC?if i dont will the conciquences be more sevier?
In theory yes, you should, but to be honest. I dont think I would. I think the report will have already gone to the TC.
thats why accepted the fine & points bud…
and i aint contacting the traffic commision… im gonna ring vosa tomorrow and ask them why i should make the contact… and why they or the police didnt inform the traffic commisoner…
why should i drop myself in it… let them do their jobs lolz
Dont forget that the TC is God and VOSA are his angels.
It,s your call, but you could be opening a can of worms for your boss too.
This is such a confusing post when I reread it.
my boss said i had to contact the traffic commisioner… so i did… i have to write to them and explain why i was pulled over and the action the police took… there will be a hearing and i WILL receive a minimum of a 2 week hgv driving ban after the hearing…
what im pished off about is the fact vosa want me to contact the traffic commision, not vosa / police get the traffic commision to contact me. and getting punished twice for the 1 offence is borratz.
well, as i see it… if vosa wish the TC to get involved, they should inform them… i am not gonna “hand myself in”
mercjim:
so possibly best off reporting it myself to the TC?if i dont will the conciquences be more sevier?
Head down,arse up…look inconspicuous at all times…Trouble doesn’t need an invite,it will show up anyhow 