Holding, but clearly not using a mobile phone |
Holding, but clearly not using a mobile phone |
Fri, 16 Sep 2022 - 08:31
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#1
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Member Group: Members Posts: 134 Joined: 22 May 2011 Member No.: 46,880 |
Hi,
I was busted by a cyclist's camera for allegedly "using my phone". However, I am clearly not "using" the phone per see, but actually holding it whilst turning the steering wheel. I know this isn't exactly exemplary driving and I will just as easily accept the penalty and move on, but I am curious to know what the distinction is between "using" and "holding" a phone (or any such device). Any thoughts on this? Best Z |
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Fri, 16 Sep 2022 - 08:31
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Fri, 16 Sep 2022 - 09:04
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#2
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
The specific mobile phone offence is Using a hand held phone while driving (so your requested distinction is moot and meaningless).
So the question will then be what were you doing with it if you weren't using it? There is also the offence of not being in a position to exercise proper control which the Police may also go with. 'I was busted' isn't helpful, do you mean a cyclist has had words and threatened to send it to the police, or that you do have something from the police (if so - what). -------------------- 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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Fri, 16 Sep 2022 - 10:21
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#3
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Member Group: Life Member Posts: 24,214 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
I will just as easily accept the penalty and move on, but I am curious to know what the distinction is between "using" and "holding" a phone (or any such device). Any thoughts on this? Clearly a random question, not an active case thread. -------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Sat, 17 Sep 2022 - 10:00
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#4
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
When you say "busted", have you received anything from the police?
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sat, 17 Sep 2022 - 11:05
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#5
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Member Group: Members Posts: 134 Joined: 22 May 2011 Member No.: 46,880 |
When you say "busted", have you received anything from the police? Yeah, I've received notice from the police with a video which shows me holding the phone, but not using it - the screen is off and I'm caught turning the steering wheel while holding the phone. |
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Sat, 17 Sep 2022 - 11:17
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#6
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Member Group: Members Posts: 4,747 Joined: 29 Oct 2008 Member No.: 23,623 |
Have you been asked to provide the driver's identity? If you have you must do so within the time allowed or you will commit a separate offence (which also carries six points upon conviction).
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Sat, 17 Sep 2022 - 11:40
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#7
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Member Group: Members Posts: 134 Joined: 22 May 2011 Member No.: 46,880 |
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Sat, 17 Sep 2022 - 19:05
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#8
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Then you’re waiting to see how the police decide to progress this.
-------------------- 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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