Use Of Mobile Phones While Driving

[barfly51]

The legislation is pretty clear that use of hand held devices whilst driving is an offence, and the definition of "hand held" is also clear. The law also states that one should not "cause or permit" anyone to do so.

The guidance talks about employers not permitting their employees to use mobile phones, and most companies will have a policy on that - that they should not.

There is guidance on "cause", in that callers to mobiles should ascertain whether the receiver is in a position to talk before proceeding.

However, if someone phones me while they are driving, and I know that they are driving, and I still accept the call and do not advise them to call when they are stationary, am I complicit, i.e. have I, by continuing with the call, permitted them to break the law?

[FredPuli43]

No. You have no liability as a principal (or "aider and abetter") in any such case because the crime has been committed the moment the person answers the phone without it being legal for them to do so; they have broken the law at that second. You have no duty to tell them to stop their illegal activity.

[barfly51]

Thanks for your response. Still not clear - if I accept a call and continue to talk, when I know that the caller is driving, am I colluding with an illegal act, and can I be held responsible for allowing that conversation to continue?

[factor-fiction]

They have already broken the law by the time you answer your phone

[Baldric]

And, you know of course, at this point they don't have a 'Hands-free' Kit?

[barfly51]

No hands free - but am I complicit in the felony if I do not say "hang up -I know you are breaking the law" and allow the conversation to continue?

[FredPuli43]

Still 'no' for the reasons given above