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Holding, but clearly not using a mobile phone
zudecke
post Fri, 16 Sep 2022 - 08:31
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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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post Fri, 16 Sep 2022 - 08:31
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The Rookie
post Fri, 16 Sep 2022 - 09:04
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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).


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andy_foster
post Fri, 16 Sep 2022 - 10:21
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QUOTE (zudecke @ Fri, 16 Sep 2022 - 09:31) *
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.


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cp8759
post Sat, 17 Sep 2022 - 10:00
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When you say "busted", have you received anything from the police?


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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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zudecke
post Sat, 17 Sep 2022 - 11:05
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QUOTE (cp8759 @ Sat, 17 Sep 2022 - 11:00) *
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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NewJudge
post Sat, 17 Sep 2022 - 11:17
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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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zudecke
post Sat, 17 Sep 2022 - 11:40
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QUOTE (NewJudge @ Sat, 17 Sep 2022 - 12:17) *
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).

Hi - yeah, I did this
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The Rookie
post Sat, 17 Sep 2022 - 19:05
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Then you’re waiting to see how the police decide to progress this.


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