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Taxi drivers and mobile phones

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Re: Taxi drivers and mobile phones

Postby Spankymonkey » Tue Jun 07, 2016 3:54 pm

DannyJP wrote:From memory the prohibition is against a hand-held interactive communications device.


A handheld phone doesn't mean it must be in your hand for the offence to have been committed. Even most hands-free sets have to have the number manually dialled. Surely the moment you use your hands to operate such a device while driving the offence is committed.
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Re: Taxi drivers and mobile phones

Postby DannyJP » Tue Jun 07, 2016 5:48 pm

No
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Re: Taxi drivers and mobile phones

Postby atticus » Tue Jun 07, 2016 5:58 pm

Are you sure?

My understanding (non-expert on this) was that operating a mobile device with your hands while the key is in the ignition/engine running can get you into trouble. I was told you always pull in, cut the engine, and take the key out of the ignition.

Using a hand undoubtedly distracts your attention. That is why people use voice commands.
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Re: Taxi drivers and mobile phones

Postby Hairyloon » Tue Jun 07, 2016 6:51 pm

Spankymonkey wrote:I can't speak for your experiences Hairyloon, but I can say I don't drive and I use cabs on a frequent basis. In the vast majority of those instances the drivers are often tinkering with the touchscreen of the phones fixed to the dash while the vehicles are moving.,.

That is as maybe, but it is not the question you first posed.
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Re: Taxi drivers and mobile phones

Postby atticus » Tue Jun 07, 2016 8:00 pm

Did you really say that?
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Re: Taxi drivers and mobile phones

Postby Spankymonkey » Tue Jun 07, 2016 8:21 pm

The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003

Amendment of the Road Vehicles (Construction and Use) Regulations 1986

2. The Road Vehicles (Construction and Use) Regulations 1986(1) are amended by inserting after regulation 109—

“Mobile telephones

110.—(1) No person shall drive a motor vehicle on a road if he is using—

(a)a hand-held mobile telephone; or

(b)a hand-held device of a kind specified in paragraph (4).

(2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using—

(a)a hand-held mobile telephone; or

(b)a hand-held device of a kind specified in paragraph (4).

(3) No person shall supervise a holder of a provisional licence if the person supervising is using—

(a)a hand-held mobile telephone; or

(b)a hand-held device of a kind specified in paragraph (4),

at a time when the provisional licence holder is driving a motor vehicle on a road.

(4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.

(5) A person does not contravene a provision of this regulation if, at the time of the alleged contravention—

(a)he is using the telephone or other device to call the police, fire, ambulance or other emergency service on 112 or 999;

(b)he is acting in response to a genuine emergency; and

(c)it is unsafe or impracticable for him to cease driving in order to make the call (or, in the case of an alleged contravention of paragraph (3)(b), for the provisional licence holder to cease driving while the call was being made).

(6) For the purposes of this regulation—

(a)a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;

(b)a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence);

(c)“interactive communication function” includes the following:

(i)sending or receiving oral or written messages;

(ii)sending or receiving facsimile documents;

(iii)sending or receiving still or moving images; and

(iv)providing access to the internet;

(d)“two-way radio” means any wireless telegraphy apparatus which is designed or adapted—

(i)for the purpose of transmitting and receiving spoken messages; and

(ii)to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz; and

(e)The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003


Perhaps I am reading this incorrectly but it is as if the section I have highlighted in bold allows the use of one handed operation of a mobile phone affixed to a dash, but prohibits placing it into your hand. Even if you can hold your mobile phone in your palm and operate it with fingers from the same hand.
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Re: Taxi drivers and mobile phones

Postby dls » Wed Jun 08, 2016 5:23 am

Well found, I agree
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Re: Taxi drivers and mobile phones

Postby DannyJP » Wed Jun 08, 2016 9:09 am

There is much debate around my parts about the use of a hand-held mobile phone when it is not been used interactively. (The dictaphone scenario.) Some believe that when it is not being used interactively no offence is taking place as it is then not an interactive device, others that it remains an interactive device even when not being used interactively and the offence is made out. The latter take a purposive approach looking at what mischief Parliament was trying to address - the distraction of a driver holding a phone.

This report from this morning http://www.bbc.co.uk/news/uk-36475180 seems to suggest both are equally bad.
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Re: Taxi drivers and mobile phones

Postby diy » Wed Jun 08, 2016 11:49 am

You can touch it but not hold it and if the hand brake is on you're not driving. there was a test case on the later.

I never really understood why a two way radio isn't covered. it would seem equally distracting.

Newer iPhone Siri gets around this as you can tell the phone who to call
My suggestions are not legal advice
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Re: Taxi drivers and mobile phones

Postby Spankymonkey » Wed Jun 08, 2016 4:35 pm

It looks like you were right all along DannyJP. Is that because you are a JP?

Incidentally, at the risk of going off topic, attempting to defeat the handheld device rule by sitting at the side of the road with the engine idling just means committing a separate offence under Regulation 98 of the Road Vehicles (Construction and Use) Regulations 1986 1, which makes it an offence to leave a vehicle engine running unnecessarily while that vehicle is parked.

So if they don't get you going out, they'll get you coming back in.
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