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Man Prosecuted For Using Phone Sat Nav
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M8TJT
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PostPosted: Fri Oct 28, 2016 3:13 pm    Post subject: Re: Can they prove it? Reply with quote

jonrome wrote:
Seen? I hope they have photographic evidence. After all, there is no mobile footprint for a satnav app as far as I'm aware.
Then your awareness is lacking. A mobile phone is continually 'phoning home' as it jumps from mast to mast.
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glenjarnold
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PostPosted: Mon Oct 31, 2016 6:54 pm    Post subject: Reply with quote

DennisN wrote:
Is that one inch less than a new metric foot? Very Happy


Oops! For some reason I was thinking of my height when I posted that! 😂
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Snudge
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PostPosted: Fri Nov 04, 2016 12:44 pm    Post subject: Reply with quote

sussamb wrote:
Seems its okay if in a holder

https://www.gov.uk/using-mobile-phones-when-driving-the-law


Surely only if voice operated though?
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sussamb
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PostPosted: Fri Nov 04, 2016 12:51 pm    Post subject: Reply with quote

I don't believe so, if it's in a holder it's not a 'hand held mobile'.
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JockTamsonsBairn
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PostPosted: Fri Nov 04, 2016 1:34 pm    Post subject: Reply with quote

The document linked to above states:

Quote:
Using hands-free devices when driving
You can use hands-free phones, sat navs and 2-way radios when you’re driving or riding. But if the police think you’re distracted and not in control of your vehicle you could still get stopped and penalised.


But that depends on the definition of "hands-free", which it doesn't specify!
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sussamb
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PostPosted: Fri Nov 04, 2016 2:43 pm    Post subject: Reply with quote

Does it really need specifying Rolling Eyes

At the start it states 'hand held' ... If its not in your hand its hands free Wink
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M8TJT
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PostPosted: Fri Nov 04, 2016 3:28 pm    Post subject: Reply with quote

That is a bit of a fairly unambiguous clue isn't it suss?
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pcaouolte
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PostPosted: Fri Nov 04, 2016 4:25 pm    Post subject: Reply with quote

Section 41D of the Road Traffic Act 1988 states:
Quote:
(6) For the purposes of this regulation

(a) a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;


So if you are holding it then it is treated as hand-held (even if you are holding it with some other part of your body).

Presumably if it is in a case or on a selfie stick and you are holding the case or stick then the phone is still hand held.

What about if it is in a holder which is not very firm and you grip the back of the phone holder with your fingers to steady it whilst pressing the screen with your thumb? How much can you grip it before you are deemed to be holding it?
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sussamb
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PostPosted: Fri Nov 04, 2016 4:30 pm    Post subject: Reply with quote

Sorry but it's surely quite obvious. If you're holding it then it's illegal, why you're holding it is immaterial.
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DennisN
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PostPosted: Fri Nov 04, 2016 7:25 pm    Post subject: Reply with quote

Y'know, whenever this comes up I can't help wondering about all those cop car programmes on telly where you see police drivers doing it.
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sussamb
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PostPosted: Fri Nov 04, 2016 8:01 pm    Post subject: Reply with quote

There's an exemption for emergency vehicles, just like exemptions for treating red lights as give way, speeding etc Wink
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M8TJT
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PostPosted: Fri Nov 04, 2016 8:12 pm    Post subject: Reply with quote

But only when on a call? Very Happy
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sussamb
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PostPosted: Fri Nov 04, 2016 8:28 pm    Post subject: Reply with quote

Wink
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DennisN
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PostPosted: Fri Nov 04, 2016 8:31 pm    Post subject: Reply with quote

So an emergency driver or on call driver or on duty driver is not affected by all the things the rest of the driving population is affected by???
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sussamb
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PostPosted: Fri Nov 04, 2016 9:13 pm    Post subject: Reply with quote

Sure they are, but they have exemptions which they can use when safe to do so. It takes training to drive safely at speed etc etc, but in all cases safety is paramount whatever exemption is being used.
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