Want To Pick Up Your Phone Whilst Driving......?

[ToraToraTora]

https://www.bbc.co.uk/news/uk-54578607
YOU MUST RESIST!

[barry1010]

Never have, never will

[ToraToraTora]

same here barry, I've trained myself to ignore it. Very dangerous.

[Bazile]

So whats new is taking up a mobile phone whilst driving whether you use it or not

Is that correct ?

[barry1010]

That seems to be the crux of it, Bazile - it is expected to become law next year

[ToraToraTora]

bazile there was a loop hole, apparently they could get away with playing games and taking pictures etc. Though to be fair the whole thing is covered by the old law of being in control but clearly it is felt that for mobile phones specific legislation is needed.

[tiggerblue10]

I've never messed about with my phone whilst driving but I often where my bluetooth ear piece to answer calls. Someone told me that you're not even permitted to do that. Is that true?

[Ken4155]

"I've trained myself to ignore it." Why not just switch the phone off before climbing into the vehicle?

[ToraToraTora]

tigs, not true

[Mozz71]

Quite right too. Isn't this what hands-free is for?

[New Judge]

Just for a bit of clarity (because the Press never make things like this very clear) it has always been illegal to use a mobile phone whilst driving (well, since the specific legislation was introduced). However, the law says specifically (and solely) that you must not use it for "interactive communication." Mr Ramsey Barreto had been convicted under that legislation in the Magistrates' Court. His argument that it was his son, not him who was using the phone was rejected. He appealed to the Crown Court and his lawyer drew attention to the fact that the phone was not being used for "interactive communication" but was being used to film the scene of a traffic accident. He cited an earlier Crown Court case where the defendant had been acquitted because he showed that he was using the phone to listen to music. Mr Barreto's conviction was quashed.

The prosecution, fearful of "floodgates" opening, took the matter to the High Court by way of a "Case Stated." The Justices at the High Court upheld the Crown Court's decision, saying that the legislation was quite clear in that it only prevented using a phone whilst driving if it was being used for "interactive communication" and that taking photographs or a film did not fall into that definition.

Since then, if a mobile phone charge is challenged, it has been incumbent on the prosecution to prove that the phone was being used for communication, hence the proposed change of law. Here's the judgement in Mr. Barreto's case:

https://www.judiciary.uk/wp-content/uploads/2019/07/19-07-31-DPP-v-Barreto-Ref.-CO2702019-Judgment.pdf

[Old_Geezer]

"Why not just switch the phone off before climbing into the vehicle"

From personal experience, because then you don't get the call that says, don't go on the 3 hour round trip in the snow, sleet, & ice because the event has been called off. Hands free comms is important.

[woofgang]

apple phones have got a driving mode that automatically engages. the phone doesn't ring or vibrate and people get a message saying you are driving. Its a real problem though. At work I had to threaten staff with dismissal if they used their work phones while driving.

[THECORBYLOON]

NJ, surely your claim that, since the legislation was introduced, "it has always been illegal to use a mobile phone whilst driving" cannot be correct since you quote cases where the use of 'phones was not illegal?

[ToraToraTora]

TCL being contrarian?, surely not!

[bhg481]

It used to be the case that you could call the emergency services whilst driving; will that exception continue?

[Bazile]

So , there is no law currently against picking up a mobile phone and not using it - nor is it to be under this new legislation

Is that correct ?

[Sunk]

Just say
Siri answer call
Or
Alexa answer call

And you can take the call hands free.

Not rocket science.

[THECORBYLOON]

There's no plans to change that, as far as I'm aware.

[ToraToraTora]

bazil: "So , there is no law currently against picking up a mobile phone and not using it - nor is it to be under this new legislation

Is that correct ? " - read the judge above, currently the law only applies to interactive communication. Thus you can play games or take pictures and that has been tested in court, hence the law change.

[jno]

not sure, Baz, I've been reading press reports and it's unclear. The Times says even touching your phone will be illegal; the BBC says "picking up and using it"; the Guardian says "using" it. (Apparently you'll still be able to use it to pay for a Big Mac at a drive-through.)

It sounds as though the media have just been reporting leaks and have interpreted them differently; we may have to see exactly what the official announcements say - I haven't seen any yet.