Home PageFacebookRSS News Feed
PocketGPS
Web
Read the current newsletter! Weekly
Newsletter
SatNav,GPS,Navigation
Luxury Villa at Watersong Davenport, Orlando, Florida for rent
Pocket GPS World - SatNavs | GPS | Speed Cameras: Forums

Pocket GPS World :: View topic - High Court Clarifies Law on Using Phone Whilst Driving
 Forum FAQForum FAQ   SearchSearch   UsergroupsUsergroups   ProfileProfile   Log in for private messagesLog in for private messages   Log inLog in 

High Court Clarifies Law on Using Phone Whilst Driving
Goto page 1, 2  Next
 
Post new topic   Reply to topic    Pocket GPS World Forum Index -> News And Latest Information
View previous topic :: View next topic  
Author Message
Darren
Pocket GPS Staff
Pocket GPS Staff


Joined: 11/07/2002 14:36:40
Posts: 23846
Location: Hampshire, UK

PostPosted: Fri Aug 02, 2019 8:01 am    Post subject: High Court Clarifies Law on Using Phone Whilst Driving Reply with quote

pocketgpsworld.com
On 31 July the High Court handed down a judgment which clarifies the law on the offence of using a mobile phone whilst driving.

The judgment states that it must be proved beyond reasonable doubt that the phone was being used for an 'interactive telecommunication function' at the time of the alleged offence.

Previously any interaction with your phone whilst driving was deemed an offence and the law has been slow to catch up to the numerous other purposes for which we use smartphones these days. Now there is a clear distinction between using the features of a smartphone such as navigation and music and the telephony features.

There is still the catch-all legislation of driving without due care, so this this is not a green light to drive one handed whilst holding your phone in the other and looking at a map. A good car mount should still be considered an essential but it does at least now mean we can use the SatNav and music functions and interact with them without fear of a fine so long as common sense is applied.

Source: pattersonlaw.com

email icon

_________________
Darren Griffin - Editor
Back to top
View user's profile Send private message Send e-mail Visit poster's website
philmay
Occasional Visitor


Joined: Aug 20, 2006
Posts: 1

PostPosted: Fri Aug 02, 2019 9:11 am    Post subject: Reply with quote

The majority of smartphones now use voice recognition (e.g. SIRI etc.), surely there is no reason to actually have to touch your phone, especially where music choice is concerned. And as for using SatNav, the same common-sense rules apply as with using a dedicated SatNav unit. i.e. Set your route BEFORE you drive off, not whilst actually driving.
Back to top
View user's profile Send private message Send e-mail
K13ehr
Lifetime Member


Joined: Jul 12, 2008
Posts: 281

PostPosted: Fri Aug 02, 2019 9:57 am    Post subject: Reply with quote

Thanks, I've passed the link onto members of my own forum.

Kev.
_________________
Kev.
If things don't change, they'll stay the same...
Ive tried gardening, yoga, meditation and medication and yet I still want to slap someone sometimes..

Visit my MoHo forum, motorhomeowners.org free.
Back to top
View user's profile Send private message
MaFt
Pocket GPS Staff
Pocket GPS Staff


Joined: Aug 31, 2005
Posts: 14200
Location: Bradford, West Yorkshire

PostPosted: Fri Aug 02, 2019 10:04 am    Post subject: Reply with quote

philmay wrote:
The majority of smartphones now use voice recognition (e.g. SIRI etc.), surely there is no reason to actually have to touch your phone, especially where music choice is concerned. And as for using SatNav, the same common-sense rules apply as with using a dedicated SatNav unit. i.e. Set your route BEFORE you drive off, not whilst actually driving.


A lot of cars have voice commands too! My 5 year old Focus has...

But yes, I agree, most commands can be done by voice.
Back to top
View user's profile Send private message Visit poster's website
K13ehr
Lifetime Member


Joined: Jul 12, 2008
Posts: 281

PostPosted: Fri Aug 02, 2019 10:08 am    Post subject: Reply with quote

My car doesn't understand me Sad Sad Sad Embarassed Embarassed Embarassed
_________________
Kev.
If things don't change, they'll stay the same...
Ive tried gardening, yoga, meditation and medication and yet I still want to slap someone sometimes..

Visit my MoHo forum, motorhomeowners.org free.
Back to top
View user's profile Send private message
b33jay
Regular Visitor


Joined: Apr 05, 2012
Posts: 207

PostPosted: Fri Aug 02, 2019 4:14 pm    Post subject: Reply with quote

Which makes my g-d 'caught' touching a mounted smart phone to change music channel and getting 200 + 6 points at 8.15 am on the day the higher penalty came in a bit miffed.
Back to top
View user's profile Send private message
sussamb
Pocket GPS Verifier
Pocket GPS Verifier


Joined: Mar 18, 2011
Posts: 4193
Location: West Sussex

PostPosted: Fri Aug 02, 2019 5:30 pm    Post subject: Reply with quote

If it was mounted then she must have done more than touch it, the law applies to handheld phones, not those mounted in holders Wink

https://www.gov.uk/using-mobile-phones-when-driving-the-law
_________________
Where there's a will ... there's a way.
Back to top
View user's profile Send private message
Graculus
Lifetime Member


Joined: Mar 07, 2006
Posts: 44

PostPosted: Fri Aug 02, 2019 5:31 pm    Post subject: Reply with quote

There is still a lot (almost everything these days) that includes an 'interactive telecommunication function'.

Sat-Nav such as Google Maps is constantly interacting with Google for traffic, map updates, route planning. Even "self-contained" sat nav apps like TomTom are constantly communicating back to base.

Unless you are playing music loaded onto your phone, Spotify, etc. are communicating across a network.

Even with photos, if you have set up your phone to synchronise photos/videos back to Google/Microsoft/Apple/whoever, that could be classed as an 'interactive telecommunication function'.

And then there is the legislation about not being able to see a video screen from the driver's position unless it's specifically driving related (e.g. reversing camera), so watching pre-loaded movies is still very much OUT. Could this include the phone's screen showing the (live) video being shot?

As for the person who thinks they "got off", I hope the police now prosecute for not being in proper control.
Back to top
View user's profile Send private message
Kremmen
Pocket GPS Verifier
Pocket GPS Verifier


Joined: Mar 03, 2006
Posts: 5359
Location: West London & Reading

PostPosted: Fri Aug 02, 2019 6:26 pm    Post subject: Reply with quote

Whilst it's not dangerous as such, I see so many vehicles not moving off when traffic lights go green because the driver is fiddling with a phone, both in a holder or being handheld.

Some drivers may only be doing something SatNav related or similar but it's this delay that probably attracts the attention of police.
_________________
Satnav:
Garmin DS61 LMT-D (In the car)
Garmin 2599 LMT-D (Indoor test rig)
DashCam:
Viofo A119 V3
Back to top
View user's profile Send private message
DennisN
Tired Old Man
Tired Old Man


Joined: Feb 27, 2006
Posts: 14617
Location: Keynsham

PostPosted: Fri Aug 02, 2019 10:26 pm    Post subject: Reply with quote

Is Bluetooth an 'interactive telecommunication function'? Twisted Evil
_________________
Dennis

If it tastes good - it's fattening.

Two of them are obesiting!!
Back to top
View user's profile Send private message
M8TJT
The Other Tired Old Man
The Other Tired Old Man


Joined: Apr 04, 2006
Posts: 9687
Location: Bexhill, East Sussex, UK

PostPosted: Fri Aug 02, 2019 11:32 pm    Post subject: Reply with quote

No it's a wireless communication technology and perfectly OK as long as you don't hold it in your hand.
Back to top
View user's profile Send private message
b33jay
Regular Visitor


Joined: Apr 05, 2012
Posts: 207

PostPosted: Mon Aug 05, 2019 11:37 am    Post subject: Reply with quote

sussamb wrote:
If it was mounted then she must have done more than touch it, the law applies to handheld phones, not those mounted in holders Wink

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



She is (and was at the time) well aware of the law and does not use her phone in her hand whilst driving and, although her car has BT hands free, she doesn't make or answer calls whilst on the move. Her phone is clamped in the mount and not easily removed with one hand.

Unfortunately, she was the victim of a myopic constable and contesting the charge can be much more expensive than accepting the penalty. Sad
Back to top
View user's profile Send private message
sussamb
Pocket GPS Verifier
Pocket GPS Verifier


Joined: Mar 18, 2011
Posts: 4193
Location: West Sussex

PostPosted: Mon Aug 05, 2019 1:02 pm    Post subject: Reply with quote

Really? If my phone had been in a holder I'd have contested it.
_________________
Where there's a will ... there's a way.
Back to top
View user's profile Send private message
M8TJT
The Other Tired Old Man
The Other Tired Old Man


Joined: Apr 04, 2006
Posts: 9687
Location: Bexhill, East Sussex, UK

PostPosted: Mon Aug 05, 2019 1:38 pm    Post subject: Reply with quote

And the proof would be? Unless the reporting officer admits that it was.
Back to top
View user's profile Send private message
sussamb
Pocket GPS Verifier
Pocket GPS Verifier


Joined: Mar 18, 2011
Posts: 4193
Location: West Sussex

PostPosted: Mon Aug 05, 2019 3:18 pm    Post subject: Reply with quote

Who knows? Perhaps that's why the judgement is that it must be proved beyond reasonable doubt, in which case it would have to be more than one policeman's word Confused
_________________
Where there's a will ... there's a way.
Back to top
View user's profile Send private message







Posted: Today    Post subject: Pocket GPS Advertising

Back to top
Display posts from previous:   
Post new topic   Reply to topic    Pocket GPS World Forum Index -> News And Latest Information All times are GMT + 1 Hour
Goto page 1, 2  Next
Page 1 of 2

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum

Powered by phpBB 2.0.11 © 2001 phpBB Group
phpBB port v2.1 based on Tom Nitzschner's phpbb2.0.6 upgraded to phpBB 2.0.4 standalone was developed and tested by:
ArtificialIntel, ChatServ, mikem,
sixonetonoffun and Paul Laudanski (aka Zhen-Xjell).

Version 2.1 by Nuke Cops 2003 http://www.nukecops.com

Make a Donation



CamerAlert Database

Click here for the PocketGPSWorld.com Speed Camera Database

Download Speed Camera Database
17.103 (16 Oct 19)



WORLDWIDE SPEED CAMERA SPOTTERS WANTED!

Click here to submit camera positions to the PocketGPSWorld.com Speed Camera Database


12mth Subscriber memberships awarded every week for verified new camera reports!

Submit Speed Camera Locations Now


CamerAlert Apps



iOS QR Code






Android QR Code







Terms & Privacy


GPS Shopping