Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Taxi drivers and mobile phones

A more welcoming forum
Forum rules
On topic, friendly, and real.

Re: Taxi drivers and mobile phones

Postby dls » Wed Jun 08, 2016 5:13 pm

Newer iPhone Siri gets around this as you can tell the phone who to call


Surely this has been a feature (at least on Android) for several years.

The legislation appears to suggest that part of the definition is that is hand-held. A smartphone is often used a a hand held device, but not always. It can be held in one of those devices.

If it comes to it the steering wheel is hand held.

We must also bear in mind that there remains the catch all of failing to take due care and attention.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 11860
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Taxi drivers and mobile phones

Postby Spankymonkey » Wed Jun 08, 2016 6:12 pm

dls wrote:
We must also bear in mind that there remains the catch all of failing to take due care and attention.


You beat me to it. It makes me wonder why the newer legislation was even necessary when driving without due care and attention would suffice. It's not as if the evidential standard is lowered.
Spankymonkey
 
Posts: 330
Joined: Mon Feb 15, 2016 8:42 am

Re: Taxi drivers and mobile phones

Postby Hairyloon » Wed Jun 08, 2016 9:01 pm

Spankymonkey wrote:It's not as if the evidential standard is lowered.

Yes it has: it moves from a question of subjective opinion (was there due care?) to a black and while question of absolutes (was a phone being used?).
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 9428
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Taxi drivers and mobile phones

Postby shootist » Wed Jun 08, 2016 10:32 pm

Hairyloon wrote:
Spankymonkey wrote:It's not as if the evidential standard is lowered.

Yes it has: it moves from a question of subjective opinion (was there due care?) to a black and while question of absolutes (was a phone being used?).


He's right. If I was to defend myself on a due care prosecution made solely on the basis of using a mobile phone I would start the ball rolling by saying that I had spent 22 years regularly using a radio to engage in conversations and could do it safely. I would be stuffed under the current offence, regardless. It's what the police like best, black and white.
Last edited by Hairyloon on Thu Jun 09, 2016 12:03 am, edited 1 time in total.
Reason: typo: case->care
"I do not agree with what you say, but I'll defend to the death my right to be offended by it."
User avatar
shootist
 
Posts: 3259
Joined: Sat Aug 10, 2013 9:40 pm

Re: Taxi drivers and mobile phones

Postby Hairyloon » Thu Jun 09, 2016 12:18 am

shootist wrote:It's what the police like best, black and white.

Black and white is generally best when it comes to questions of law... though perhaps some lawyers might argue.
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 9428
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Taxi drivers and mobile phones

Postby shootist » Thu Jun 09, 2016 7:54 am

Hairyloon wrote:
shootist wrote:It's what the police like best, black and white.

Black and white is generally best when it comes to questions of law... though perhaps some lawyers might argue.


I would suggest that black and white is easier when it comes to law, but very far from being better.
"I do not agree with what you say, but I'll defend to the death my right to be offended by it."
User avatar
shootist
 
Posts: 3259
Joined: Sat Aug 10, 2013 9:40 pm

Re: Taxi drivers and mobile phones

Postby DannyJP » Thu Jun 09, 2016 11:02 am

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

:)

User avatar
DannyJP
 
Posts: 75
Joined: Mon May 20, 2013 5:21 pm

Re: Taxi drivers and mobile phones

Postby dls » Thu Jun 09, 2016 12:43 pm

I would suggest that black and white is easier when it comes to law, but very far from being better.


agreed
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 11860
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Taxi drivers and mobile phones

Postby diy » Thu Jun 09, 2016 5:03 pm

apparently not so black and white.
http://www.express.co.uk/news/uk/42511/ ... le-driving

noting its Scotland not england
My suggestions are not legal advice
User avatar
diy
 
Posts: 2435
Joined: Fri Nov 02, 2012 10:06 pm

Re: Taxi drivers and mobile phones

Postby DannyJP » Sat Jun 11, 2016 5:19 pm

This was what I was referring to earlier. Is looking at a phone to tell the time, or some other non-interactive function "using."

Definitely not black and white.
User avatar
DannyJP
 
Posts: 75
Joined: Mon May 20, 2013 5:21 pm

PreviousNext

Return to First Time Questions

Who is online

Users browsing this forum: No registered users and 1 guest