Camera vans and mobile phones |
Camera vans and mobile phones |
Tue, 28 Aug 2018 - 20:16
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#1
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Member Group: Members Posts: 12 Joined: 30 Dec 2016 Member No.: 89,350 |
Hello guys, sorry to trouble you. I think I've mucked up kinda big style. A couple of years ago I was stopped by police and issued a ton for using a mobile phone whilst driving. I accepted the fine and paid it promptly (within 24 hours, not that it matters, but I accepted and made changes to how I drive) - I got a decent hands free kit and have had no problems for the past couple of years and I've mucked up today.
Ive recently moved workplace and was using the satnav on my phone for directions whilst using my wired hands free kit. The phone was sitting on the passenger seat and a notification popped up which blocked the view of the satnav (a series of messages) - I swiped them to the side so the sat nav was visible again - the phone must have been in my hands for all of 10 seconds, at thigh level, not held Infront of me or up to my head. I turned a corner and noticed a camera van on a verge a few metres above the road on a "police vehicles only" verge about 400-600 meters away. I dropped the phone on my thigh realising what I had done and put both hands on the wheel. It's perfectly possible I was seen by the I noticed them. I was well below the speed limit (60mph in a 70) I realise I've been completely stupid. I'm really struggling with the anxiety this is generating and I'd appreciate some advice and even explanation of what will happen next. I have some specific questions too if anyone can answer? 1. As I was going below the speed limit would the operator oven be looking at my car? I read in a newspaper that they only view cars that are obviously speeding 2. At that distance would the operator be able to see me drop my phone (it was never above the dashboard) 3. Is it common for people to receive notices / penalties from incidents such as this? I've searched the forums but can't find much either way (loads of concerned people who never post if anything came of it) 4. When will I know that this is over? Is it the same 14 day rule? Any other advice (reassuring or otherwise) would be very much appreciated |
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Tue, 28 Aug 2018 - 20:16
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Wed, 29 Aug 2018 - 20:21
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#21
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Member Group: Members Posts: 12 Joined: 30 Dec 2016 Member No.: 89,350 |
No it doesn't happen frequently. If they do anything expect a letter which would probably arrive within 2 weeks (even though it doesn't have to), they have to serve an S172 request requiring the registered keeper to identify the driver. they can't take the keeper to court for phone use, only the driver (even if they are the same person). And if the OP is (perchance) in Scotland, there's an app for that. --Churchmouse I am in Scotland, what do you mean? |
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Thu, 30 Aug 2018 - 00:37
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#22
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
If the offence was commuted in Scotland (as opposed to where you are now) you have the option of returning the driver nomination unsigned, it can’t then be used as evidence as to who was driving.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Thu, 30 Aug 2018 - 14:56
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#23
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Member Group: Members Posts: 12 Joined: 30 Dec 2016 Member No.: 89,350 |
Is that not illegal in itself?
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Thu, 30 Aug 2018 - 15:23
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#24
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
That’s an open question.
In England and Wales the courts have decided that you must sign the reply or it is an offence (the same offence as not replying at all. That result of not binding on Scotland due to its separate legal system, a higher court may well decide it is an offence but until now the procurator fiscal’s office has been loath to put this to the test, probably because if they lose it would mean a complete end of speed cameras in Scotland. They frequently push cases to the brink and pull out at the last second (maybe they are Catholic....ahem) and have yet to take a case all the way. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Thu, 30 Aug 2018 - 23:52
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#25
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Member Group: Members Posts: 2,356 Joined: 30 Jun 2008 From: Landan Member No.: 20,731 |
It must be an offence that occurred in Scotland, however, as The Rookie has clarified. Where you are is irrelevant. Read up on the forum about "going unsigned". From what I can gather, there's a bit of a risk, and potentially a lot of police-dodging to be done if you are determined. On the other hand, you could end up as famous as Idris Francis...
--Churchmouse |
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Lo-Fi Version | Time is now: Thursday, 28th March 2024 - 18:51 |