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Touching a mobile phone - what law is this against?
Mattylad
post Thu, 5 Jun 2008 - 06:55
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Hello, after reading through the forums I see a lot of mention of it being illegal to "touch" a mobile phone.

Can anyone who knows th facts behind this please point to the articular act & section that touching is against?
Ihave not benn accused of anything but am just curious.

IMO touching a mobile phone is no difference to taking your hand off the wheel and touching a gearknob, heating control, radio button etc

Cheers,
Mattylad.
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post Thu, 5 Jun 2008 - 06:55
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andy_foster
post Thu, 5 Jun 2008 - 08:58
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QUOTE (Mattylad @ Thu, 5 Jun 2008 - 07:55) *
Hello, after reading through the forums I see a lot of mention of it being illegal to "touch" a mobile phone.


I don't. Perhaps you could link to some examples?


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Andy

"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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Mattylad
post Thu, 5 Jun 2008 - 10:49
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OK

A quick search for phone will reveal several threads where people have been done for touching or picking up a phone
rather than actually using it to make a call.

I.E.

here "picking it up"
or here
or here
or here
or here

I know what it says in the The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003
And it does not say anything about touching or holding a phone.

Ergo my request for what law is it that is being used when people say it is an offence to touch it ?

Cheers.

This post has been edited by Mattylad: Thu, 5 Jun 2008 - 10:51
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bama
post Thu, 5 Jun 2008 - 11:03
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AIUI you get done for 'using' so if you are holding it its easy for an assertion to be made that you were 'using'.


--------------------
Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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andy_foster
post Thu, 5 Jun 2008 - 11:22
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QUOTE (Mattylad @ Thu, 5 Jun 2008 - 11:49) *
OK

A quick search for phone will reveal several threads where people have been done for touching or picking up a phone
rather than actually using it to make a call.

I.E.

here "picking it up"
or here
or here
or here
or here

I know what it says in the The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003
And it does not say anything about touching or holding a phone.

Ergo my request for what law is it that is being used when people say it is an offence to touch it ?

Cheers.


And how many of those threads mention "touching" a phone?


--------------------
Andy

"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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Teufel
post Thu, 5 Jun 2008 - 11:35
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No person shall drive a motor vehicle on a road if he is using -

(a) a hand-held mobile telephone

lots of maggys convictions but i am not aware of any higher court caselaw
where the issue of 'using' is defined

since the law refers to 'interactive communication' holding or touching
which does not involves this would not be using IMLTHO

that said using you hands for non-driving could be without due care and attention
whatever you are touching or holding

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