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Help fixed penalty for phone and seatbelt at lights, Just left supermarket car park barriers
Stan134
post Wed, 31 Jan 2018 - 12:30
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Advice please

Last month I left supermarket carpark and took off my seatbelt to activate barriers by putting the parking card into the slot in the barriers.
I drove into a line of static traffic opposite the barriers just as the traffic light turned red. I did not have time to put my seatbelt on as I had to drive through barriers into the static traffic.
My car was at a standstill
I reached for mobile phone to check time
At which point Metropolitan Police who were standing on the pavement knocked on my window.
I explained all to the Police (not using phone/texting - seatbelt removed for barrier) however they pointed out that I was holding my phone and I didnt have my seatbelt on so I had no case to argue.
I have received two Conditional Offer of Fixed Penalty
£100 for seatbelt and fixed penalty £200 plus 6 points for phone.
I have low work income and in receipt of benefits
I have no points on my licence
Should I contest this? I dont want to risk incurring any additional costs as its already loads of money. Would I have to go to court in person as I'm not sure I'm able to do that

Thanks

This post has been edited by Stan134: Wed, 31 Jan 2018 - 12:35
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post Wed, 31 Jan 2018 - 12:30
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southpaw82
post Thu, 1 Feb 2018 - 22:21
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QUOTE (cp8759 @ Thu, 1 Feb 2018 - 22:20) *
I thought it had been to the senior courts, CPS guidance states "Under existing case law a person may still be driving whilst the engine is running and the vehicle is stationary". Might look it up later.

It has but not in the context of reg 110 (so far as I know).


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Churchmouse
post Sat, 3 Feb 2018 - 17:51
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QUOTE (andy_foster @ Wed, 31 Jan 2018 - 20:29) *
QUOTE (Stan134 @ Wed, 31 Jan 2018 - 12:30) *
I drove into a line of static traffic opposite the barriers just as the traffic light turned red. I did not have time to put my seatbelt on as I had to drive through barriers into the static traffic.
My car was at a standstill
I reached for mobile phone to check time


I would argue that the mobile phone legislation should be interpreted purposively, and that for the purposes of that legislation you were neither using your phone or driving.

If the purpose of the legislation is to prevent drivers causing danger to other road users (and themselves) by failing to adequately control their vehicles whilst being distracted by using a hand-held mobile phone for interactive communication purposes, not only is looking at the clock not using it (for interactive communication purposes), but stationary vehicles generally do not require much to adequately control them.

That's great, but of little help to the OP: He's not going to be arguing anything in court, by the sounds of it. But with the penalty for the phone offence now up to 6 points, I'm sure it's just a matter of time before someone with deeper pockets does so argue, and then, perhaps, we'll have a mobile phone law that is fit for the real world.

--Churchmouse
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Stan134
post Thu, 8 Feb 2018 - 13:22
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Thanks everyone - it sounds like there is a case to argue but I'm not the person to do it.
I have no idea why i didnt get offered a seat belt course - that would have made things a bit easier financially
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4x4x4
post Thu, 8 Feb 2018 - 19:17
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QUOTE (andy_foster @ Wed, 31 Jan 2018 - 20:29) *
I would argue that the mobile phone legislation should be interpreted purposively, and that for the purposes of that legislation you were neither using your phone or driving.

If the purpose of the legislation is to prevent drivers causing danger to other road users (and themselves) by failing to adequately control their vehicles whilst being distracted by using a hand-held mobile phone for interactive communication purposes, not only is looking at the clock not using it (for interactive communication purposes), but stationary vehicles generally do not require much to adequately control them.
You could make the same argument about eating or drinking whilst stationary at say traffic lights or just volume of traffic but either of those will get you into trouble.

You need to be careful about paying by mobile phone at a McDo drive thru too, haw many have done that without a thought I wonder ?
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