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mobile phone as satnav; offence or no offence?

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mobile phone as satnav; offence or no offence?

Postby tulkvmoxhay » Tue Jan 24, 2017 9:56 am

Is touching the button of a mobile phone when used solely as a satnav an offence while driving (ie not 'safely parked)?
Is it an offence if the mobile is on the seat next to you?
Is it still an offence if in a cradle?
The Act and police advice or guidance seems ambiguous and unclear. Is there case law on this?
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Re: mobile phone as satnav; offence or no offence?

Postby atticus » Tue Jan 24, 2017 10:21 am

Do uou remember the case a few weeks ago of the driver convwof causing death by careless driving - he had been fiddling with his phone as music player.
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Re: mobile phone as satnav; offence or no offence?

Postby Hairyloon » Tue Jan 24, 2017 10:48 am

But there the offence is of careless driving, not of fiddling with his music player.
Had he fiddled without driving carelessly, then it is likely that there would have been no offence. Likewise is the answer to OP... at least probably. It is an offence to use a phone while driving, but people have successfully argued that it is not an offence to use features of a phone that do not relate to it being a phone. I am not aware of any such argument in a higher court, though by now I would expect there to have been at least one...
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Re: mobile phone as satnav; offence or no offence?

Postby atticus » Tue Jan 24, 2017 10:53 am

The police may take the view that fiddling while driving is driving without due care and attention.

There is no offence of peeling a banana while driving, but there have been convictions of motorists doing so for driving offences.
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Re: mobile phone as satnav; offence or no offence?

Postby Hairyloon » Tue Jan 24, 2017 11:21 am

atticus wrote:The police may take the view that fiddling while driving is driving without due care and attention.

Sometimes they would be entirely right to do so, other times probably not. Giving it a prod while you are sat at the lights is one thing, reprogramming it while hurtling through traffic is quite another.

There is no offence of peeling a banana while driving, but there have been convictions of motorists doing so for driving offences.

The trick is to keep both hands on the wheel and peel it with your feet. ;)
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Re: mobile phone as satnav; offence or no offence?

Postby atticus » Tue Jan 24, 2017 12:32 pm

When you do that, how do you use the brake?
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Re: mobile phone as satnav; offence or no offence?

Postby DannyJP » Wed Jan 25, 2017 11:44 am

The "mobile phone" offence concerns (from memory) a hand-held device used for interactive communication. If it is in a cradle it is not hand-held but may be distracting enough for one's driving to be careless thereby leaving one open that charge.
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Re: mobile phone as satnav; offence or no offence?

Postby diy » Wed Jan 25, 2017 12:52 pm

Its very specific (not withstanding any case law to the contrary).
http://www.legislation.gov.uk/uksi/2003 ... 695_en.pdf

pressing the home key and telling siri to call willie wonker, might not meet the criteria.

I think at the time the thing they were most worried about was the dialing and looking up, not the actual talking. Otherwise two-way radios should also have been banned.

There are all sorts of other act relating to being in proper control, and driving with care.
My suggestions are not legal advice
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Re: mobile phone as satnav; offence or no offence?

Postby Maz JP » Sat Mar 04, 2017 12:52 pm

DannyJP wrote:The "mobile phone" offence concerns (from memory) a hand-held device used for interactive communication. If it is in a cradle it is not hand-held but may be distracting enough for one's driving to be careless thereby leaving one open that charge.

Yup.

FWIW, as I understand it, a mobile phone used as a sat nav in a cradle is considered a sat nav. A mobile phone used as a sat nav in the hand is going to cost someone 6 points.
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Re: mobile phone as satnav; offence or no offence?

Postby dls » Sun Mar 05, 2017 1:54 pm

The actual phone offence is one of holding. Holdig to me mplies taking a grip on the phone. That always leaves open a charge of careless driving.
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