Quizzes & Puzzles0 min ago
Hands-Free?
20 Answers
I saw a man driving a van today with his cellphone wedged between his ear and his shoulder. I wonder if he could argue it was "hands-free".
It's always possible, of course, that he started his phone call before he started the engine, so at no time whilst he was driving did his hands touch the phone.
It's always possible, of course, that he started his phone call before he started the engine, so at no time whilst he was driving did his hands touch the phone.
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For more on marking an answer as the "Best Answer", please visit our FAQ.Whether or not the phone is held against the shoulder is not relevant. The legislation defines the equipment, not how it is used. The definition of a hand-held device is:
"Hand-held device – something that "is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function".
Note the "is or must be", not "was". Somebody using such a device, regardless of how it is used will be guilty of an offence.
"Hand-held device – something that "is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function".
Note the "is or must be", not "was". Somebody using such a device, regardless of how it is used will be guilty of an offence.
///Police not interested in these offences,only interested in parking their cash cows by the side of the road.///
Ridiculous statement - there are thousands of motorists penalised for using mobile phones while driving. But the police can't be everywhere and the penalties (not determined by the police) are paltry. This relentless and unjustified attack on the police as a whole is undermining the rule of law in this country - you will regret it when it finally breaks down completely.
Ridiculous statement - there are thousands of motorists penalised for using mobile phones while driving. But the police can't be everywhere and the penalties (not determined by the police) are paltry. This relentless and unjustified attack on the police as a whole is undermining the rule of law in this country - you will regret it when it finally breaks down completely.
I think there shouldbe a 'shop an idiot' phoneline which you could call and report the numberplate of said idiot. I know it wouldn't workbecause there would be no proof but it really exasperates me seeing so many idiots using their phones whilst driving.
I saw someone the other day negotiating a double mini roundabout whilst holding his phone and chatting away. Of course, he was steering with one hand. IDIOT!
I saw someone the other day negotiating a double mini roundabout whilst holding his phone and chatting away. Of course, he was steering with one hand. IDIOT!
Holding it between your ear and shoulder means you can't turn your head properly. Wouldn't that be reckless driving, or something anyway?
According to the definition NJ has posted- there's a bit of a problem anyway. Mobiles have speakerphone and you could easily dial and have a whole conversation without ever picking up the phone (i often do that in the kitchen)- so which are the devices that come under-
//Hand-held device – something that "is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function". // ? I can't think of any...
According to the definition NJ has posted- there's a bit of a problem anyway. Mobiles have speakerphone and you could easily dial and have a whole conversation without ever picking up the phone (i often do that in the kitchen)- so which are the devices that come under-
//Hand-held device – something that "is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function". // ? I can't think of any...
If the device can be operated entirely without “holding” it then it would not be covered by the legislation. So your example, pixie, would probably not fall foul of the law. However, wedging it between the shoulder and ear would certainly be seen as “holding” the device.
“Does the same rule of law cover holding & consuming a banana,any other fruit,a jam doughnut or drinking a cup of coffee whilst driving ? “
The same law does not apply, ron, as it only applies to phones and other communication devices. However, other general laws such as failure to exercise proper control or even careless driving may be applicable.
“Does the same rule of law cover holding & consuming a banana,any other fruit,a jam doughnut or drinking a cup of coffee whilst driving ? “
The same law does not apply, ron, as it only applies to phones and other communication devices. However, other general laws such as failure to exercise proper control or even careless driving may be applicable.
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I quite agree with your sentiment about those with twelve or more points still being allowed to drive, methyl.
The option to argue "exceptional hardship" when twelve points are accumulated should be removed from the statute. A similar opportunity does not exist where offences involving mandatory bans are involved (such as excess alcohol). The penalty of disqualification is mandatory and that's that. So it should be with those "totting up". A driver has to commit at least two or more usually four offences to fall foul of this rule and if they are likely to suffer "exceptional hardship" they have plenty of oppotunity to moderate their driving behaviour.
The option to argue "exceptional hardship" when twelve points are accumulated should be removed from the statute. A similar opportunity does not exist where offences involving mandatory bans are involved (such as excess alcohol). The penalty of disqualification is mandatory and that's that. So it should be with those "totting up". A driver has to commit at least two or more usually four offences to fall foul of this rule and if they are likely to suffer "exceptional hardship" they have plenty of oppotunity to moderate their driving behaviour.