Mobile Phone Theoretical Situation

[sigma]

I'm in a queue of traffic (eg. traffic lights) the car is in neutral with the handbrake on. The car has intelligent stop start so the engine is switched of.If I then use my mobile phone can I be prosecuted.

[Zacs-Master]

Yes. You are still in control of the vehicle.

[Gizmonster]

I would also say yes.
Even though the engine is off and the handbrake is on, it's not the same as being parked up, as you're waiting for the traffic conditions to change, which you'll need to react to when necessary - so like Zac said, you're not in control of the vehicle.

[Baldric]

Assuming you're in the Drivers seat, Yes.

[boxtops]

Yes, you're still driving, you're in a queue of traffic, not parked up.

[baza]

in those conditions or even stuck on the M25 you can still be prosecuted as stated above.

[douglas9401]

Hypothetical really, if the manufacturer has gone to the trouble of laying in stop/start they'll have fitted Bluetooth as well.

[Old_Geezer]

Logically you ought not be, but I'm sure they'll have made the law so it's simple to apply and would nab you anyway. Obviously you are in control of the vehicle as you can end the call when the lights start to change, but you can be certain they won't have bothered detailing that sort of thing. that's be too reasonable.

Reminds me of an experience I had when I was a youth. I'd bought a moped and a short while later noticed there was something not quite right with how it sounded: so I sat on it at the side of the road outside my home and listened as I revved it tying to work out what was up. What did I get ? Some cop car pulls up along side and asks where my helmet is. I explained I wasn't riding the bike and had to have my helmet off to hear the engine properly check an issue. He just repeated the question, so I worked out he was a bit of a moron, put the helmet on, pretended to carry on listening to the engine until he'd cleared off and I was able to act rationally once more.

[TWR]

Yes.

[TWR]

It's the similar but!!, If you have had a few pints & you are behind the steering wheel, engine off with the keys in your pocket, you are still in charge.

[ToraToraTora]

yes

[Buenchico]

I've been carrying out a traffic survey (of the type where the police pull a line of drivers over and lots of people with clipboards start asking lots of silly questions) when a van driver's phone rang just as he pulled up alongside me. He picked it up to answer it (in his now stationary vehicle, with the hand-brake on) and one of the coppers immediately 'ticketed' him for doing so.