Mobile Phone Whilst Driving

[Bazile]

Is it correct that if you are now caught using a mobile phone whilst driving ( including if you pull in to the side of the road ,but still have the engine running ) you will automatically lose your licence for three months ?

[EDDIE51]

More here
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/494672/hand-held-mobile-phone-driving.pdf

[Prudie]

The lorry driver was convicted of careless driving but "Despite Judge Sheridan acknowledging that Wagstaff had not broken the law by using a bluetooth headset". The main perpetrator of that crash was the other lorry driver who was over twice the drink drive limit.

[Baldric]

Just beat me to it Prudie, well done ;o)

[EDDIE51]

^ exactly, the reason he was convicted was not that the act of using the phone itself was illegal but it added weight to the other factors.
All in all using the hands free phone was one of the reasons he was convicted. He was originally charged with 'Causing Death by dangerous driving' . But the court agreed to accept his guilty plea to the lesser charge of causing death by careless driving.

[Old_Geezer]

"it is also an offence to use a mobile phone whilst a vehicle is stationary in a lay-by or at the side of the road with the engine running."
Another example of the law being an utter ass.

[EDDIE51]

^ OG you can be convicted of drink driving even if the car is stationary in a lay with the engine running.

[Baldric]

///All in all using the hands free phone was one of the reasons he was convicted.///

Using a properly set up Hands Free 'phone IS NOT ILLEGAL

[fiction-factory]

^ that's pretty obvious eddie- in fact the engine doesn't even need to be running if you are drunk in charge of the vehicle- but it's a different issue

[douglas9401]

Is that not 'drunk in charge of a motor vehicle'?

[Gizmonster]

Just out of curiosity - did you hear about this on Facebook??

This has been dong the rounds for a while now and people see it on FB; take it as gospel and then re-share it .... perpetuating the hoax :)

[Old_Geezer]

Probably because you drove there. But one should be charged with what you've been caught doing not something different.

Anyone responsible enough to have stopped a car prior, is no longer a danger using a phone. That's just bullying/control.

[EDDIE51]

^ Baldric have you read my answer at 21.35? That's the point I was making.

[Baldric]

Yes Eddie, I have, you may have noticed I quoted part of it @ 21:40 and you are wrong yet again

[EDDIE51]

Drunk in charge of a motor vehicle has the same penalty as Drink driving a compulsory ban .
I do not use FaceBook and never will ,especially after the latest revelations about Cambridge Analytica .

[douglas9401]

To answer Bazile's original question: Make it no. :-)

[Gizmonster]

Just to clarify, my post at 21:42 was directed at the OP, Bazile.

[Davemano]

Driving whilst under the influence of drink, and Drunk in Charge do NOT have the same penalty.

[Davemano]

Just a matter of interest, a drunken person sitting in a lay-by cannot be charged with Drink Driving, but can be dealt with for being Drunk in Charge, to which there is a statutory defence - that since becoming unfit he or she had not driven, and had no intention to drive whilst still affected.

[Bazile]

If you're over the limit in a car , but not in the driver's seat -is that an offence ?

[fiction-factory]

I think it would depend on whether you were in charge. Having the keys in your hand/pocket would make it difficult to argue you weren't in charge