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mobile phone as satnav; offence or no offence?

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Re: mobile phone as satnav; offence or no offence?

Postby shootist » Sun Mar 05, 2017 6:52 pm

A police officer was speaking on the radio (4) today and was saying that if the phone is not in a cradle then using it for pretty much anything would be an offence. (Not that I hold the police up as any authority on the law these days). When asked about someone finding themselves stuck in a static traffic jam on a motorway would be prosecuted for phoning home or somesuch the officer graciously conceded that if the car was stationary with the engine switched off he would exercise his discretion and not report the driver. Yeah, right.
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Re: mobile phone as satnav; offence or no offence?

Postby tph » Sun Mar 05, 2017 10:56 pm

The offence is one of using it to make interactive communication whilst holding it. Simply holding it is not in itself sufficient evidence.
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Re: mobile phone as satnav; offence or no offence?

Postby diy » Mon Mar 06, 2017 8:36 am

I'm curious how the police can tell if a call or text was made manually or by Siri? The current crop of iphones have voice activated assistant meaning you could easily text while driving without ever touching your phone.

Given :
http://www.legislation.gov.uk/uksi/2003 ... 695_en.pdf

(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;
My suggestions are not legal advice
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Re: mobile phone as satnav; offence or no offence?

Postby atticus » Mon Mar 06, 2017 8:49 am

Other mobile phones are available.

Your mobile phone is a computer. Clever people can take one and find out how it has been used to do stuff.
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Re: mobile phone as satnav; offence or no offence?

Postby dls » Mon Mar 06, 2017 12:24 pm

I have 'OK Google'
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Re: mobile phone as satnav; offence or no offence?

Postby diy » Tue Mar 07, 2017 9:30 am

A little research suggests the log is server side (on both platforms). But for the purposes of a magistrates court. It ought to be sufficient to swear on oath that it was a call or text made via an oral command which does not contravene the construction and use regs. It would then be for the CPS (assuming they turned up and read the brief) to prove otherwise.
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Re: mobile phone as satnav; offence or no offence?

Postby Maz JP » Tue Mar 07, 2017 4:57 pm

diy wrote:A little research suggests the log is server side (on both platforms). But for the purposes of a magistrates court. It ought to be sufficient to swear on oath that it was a call or text made via an oral command which does not contravene the construction and use regs. It would then be for the CPS (assuming they turned up and read the brief) to prove otherwise.


To state the bleeding obvious (if you will allow that), it also depends on any statements made to the police at the time.

I mention this, because so many people seem to forget that in court.
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Re: mobile phone as satnav; offence or no offence?

Postby dls » Tue Mar 07, 2017 5:11 pm

Well there are the standard burdens of proof. It is always for the police to prove the basics. Usualy a driver will only be stopped because he was seen with the phone in his hand - end of case.
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Re: mobile phone as satnav; offence or no offence?

Postby tph » Tue Mar 07, 2017 11:19 pm

Previously most people have just paid the fines and taken the points. Now the stakes have been raised somewhat I can imagine we may see more cases and up in court.
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Re: mobile phone as satnav; offence or no offence?

Postby diy » Wed Mar 08, 2017 10:12 am

Like changing CDs in a car, I think its something that will naturally decline over the years as more and more cars come equipped with built in hands free and mobile communications. Thats without even considering the enhancements to cruise control that are filtering down.

The new phenomenon is the reaching for the phone to surf when bored becomes second nature and so many will do it, in traffic jams etc.

When on the motorbike you could usually tell when someone was on the phone as they wouldn't quite drive as normally as everyone else.
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