Caught using phone while driving

Caught using phone while driving

Author
Discussion

mikeouk

Original Poster:

109 posts

191 months

Thursday 8th August
quotequote all
I’ve been accused of using a mobile phone while driving.
I know 100% I wasn’t holding it because it’s always in a mount, so I can only assume I touched the screen, my own fault because I didn’t realise doing this was not allowed.
I sent back the notice of intended prosecution confirming I was the driver, and was going to ask to see the photo evidence before admitting liability, but yesterday I received the fixed penalty,and it gave me the option to do a 3 hour online awareness course for £88 instead.
It’s not worth the hassle of asking for the evidence, I’ve just booked myself on the course .
Everything I’d read before receiving the fixed penalty indicated that a course wasn’t an option with a mobile phone offence, so I’m shocked I was offered it, does anyone know if this is a new thing?
I still haven’t got a clue exactly what it was I did wrong, it occurred to me that it could even have been an image of me holding my vape, I guess I’ll never know.

loskie

5,654 posts

127 months

Thursday 8th August
quotequote all
Yeah right

Puddenchucker

4,444 posts

225 months

Thursday 8th August
quotequote all
mikeouk said:
I’ve been accused of using a mobile phone while driving.
I know 100% I wasn’t holding it because it’s always in a mount, so I can only assume I touched the screen, my own fault because I didn’t realise doing this was not allowed.
I sent back the notice of intended prosecution confirming I was the driver, and was going to ask to see the photo evidence before admitting liability, but yesterday I received the fixed penalty,and it gave me the option to do a 3 hour online awareness course for £88 instead.
It’s not worth the hassle of asking for the evidence, I’ve just booked myself on the course .
Everything I’d read before receiving the fixed penalty indicated that a course wasn’t an option with a mobile phone offence, so I’m shocked I was offered it, does anyone know if this is a new thing?
I still haven’t got a clue exactly what it was I did wrong, it occurred to me that it could even have been an image of me holding my vape, I guess I’ll never know.
https://www.gov.uk/using-mobile-phones-when-driving-the-law

Gov Website said:
Using devices hands-free

You can use devices with hands-free access, as long as you do not hold them at any time during usage. Hands-free access means using, for example:

a Bluetooth headset
voice command
a dashboard holder or mat
a windscreen mount
a built-in sat nav

Alex Z

1,506 posts

83 months

Thursday 8th August
quotequote all
mikeouk said:
I’ve been accused of using a mobile phone while driving.
I know 100% I wasn’t holding it because it’s always in a mount, so I can only assume I touched the screen, my own fault because I didn’t realise doing this was not allowed.
I sent back the notice of intended prosecution confirming I was the driver, and was going to ask to see the photo evidence before admitting liability, but yesterday I received the fixed penalty,and it gave me the option to do a 3 hour online awareness course for £88 instead.
It’s not worth the hassle of asking for the evidence, I’ve just booked myself on the course .
Everything I’d read before receiving the fixed penalty indicated that a course wasn’t an option with a mobile phone offence, so I’m shocked I was offered it, does anyone know if this is a new thing?
I still haven’t got a clue exactly what it was I did wrong, it occurred to me that it could even have been an image of me holding my vape, I guess I’ll never know.
If the phone is in a mount, it is legal to use it.
https://www.gov.uk/using-mobile-phones-when-drivin...



mikeouk

Original Poster:

109 posts

191 months

Thursday 8th August
quotequote all
Alex Z said:
If the phone is in a mount, it is legal to use it.
https://www.gov.uk/using-mobile-phones-when-drivin...
No, even if you touch the screen it’s an offence.
That’s been proven with my own situation, I never take the phone out of the mount

roboxm3

2,443 posts

202 months

Thursday 8th August
quotequote all
mikeouk said:
Alex Z said:
If the phone is in a mount, it is legal to use it.
https://www.gov.uk/using-mobile-phones-when-drivin...
No, even if you touch the screen it’s an offence.
That’s been proven with my own situation, I never take the phone out of the mount
Did you even read the link?
Holding whilst using is the offence.

Lo-Fi

811 posts

77 months

Thursday 8th August
quotequote all
mikeouk said:
Alex Z said:
If the phone is in a mount, it is legal to use it.
https://www.gov.uk/using-mobile-phones-when-drivin...
No, even if you touch the screen it’s an offence.
That’s been proven with my own situation, I never take the phone out of the mount
Nothing has been "proven". You said you "assumed" this was what it was.

Unless, maybe, there are other factors at play here? Maybe?

kambites

68,427 posts

228 months

Thursday 8th August
quotequote all
Off topic but:

.gov.uk said:
The law still applies to you if you’re:
...
supervising a learner driver
...
I must admit that one had never occurred to me! Not that I've ever supervised a learner driver.

Tam_Mullen

2,363 posts

179 months

Thursday 8th August
quotequote all
I'm quite confused by this.

You were offered a course for being 'caught' on your phone? I didnt think that was an option?

vaud

52,327 posts

162 months

Thursday 8th August
quotequote all
kambites said:
Off topic but:

.gov.uk said:
The law still applies to you if you’re:
...
supervising a learner driver
...
I must admit that one had never occurred to me! Not that I've ever supervised a learner driver.
the alcohol and drug limits apply as well.

kambites

68,427 posts

228 months

Thursday 8th August
quotequote all
vaud said:
the alcohol and drug limits apply as well.
Yeah somehow those were obvious but the phone one had never occurred to me.

Evanivitch

22,056 posts

129 months

Thursday 8th August
quotequote all
mikeouk said:
No, even if you touch the screen it’s an offence.
That’s been proven with my own situation, I never take the phone out of the mount
laugh

kambites

68,427 posts

228 months

Thursday 8th August
quotequote all
Evanivitch said:
mikeouk said:
No, even if you touch the screen it’s an offence.
That’s been proven with my own situation, I never take the phone out of the mount
laugh
Yeah someone certainly doesn't add up here!

BertBert

19,681 posts

218 months

Thursday 8th August
quotequote all
mikeouk said:
No, even if you touch the screen it’s an offence.
That’s been proven with my own situation, I never take the phone out of the mount
No it hasn't

ThingsBehindTheSun

1,227 posts

38 months

Thursday 8th August
quotequote all
Never ceases to amaze me the amount of times I look in my rear view mirror when I am in traffic or waiting at traffic lights and the person behind is looking down, clearly on their phone.

I can't comprehend the fact they can't even be off it for the time it takes to drive somewhere and they think that their phone is more important than paying attention while driving.

OMITN

2,401 posts

99 months

Thursday 8th August
quotequote all
DogStewie said:
What a joke. Phone user courses now eh? What next? Red light jumper awareness course? Indicator awareness course? Why are we babying terrible drivers, instead of outright punishing them and removing them from our already over congested with muppet roads?
Phone user courses used to exist. Then they were scrapped when the offence became six points and a fine. But now there seems to be discretion applied and courses offered.

I know this because my other half had a completely brain fade moment and picked the phone up and then put it down. Idiot. Was seen doing it by an unmarked vehicle and pulled over. Was cautioned and the officer suggested she might be offered a course. I looked at what she was facing and warned her it was 6 points without any possibility of a course.

When the letter arrived just over 3 weeks later she was offered the course and will be attending it shortly.

So it seems that courses are offered..!

98elise

28,185 posts

168 months

Thursday 8th August
quotequote all
mikeouk said:
Alex Z said:
If the phone is in a mount, it is legal to use it.
https://www.gov.uk/using-mobile-phones-when-drivin...
No, even if you touch the screen it’s an offence.
That’s been proven with my own situation, I never take the phone out of the mount
No it's not.



oakdale

1,874 posts

209 months

Thursday 8th August
quotequote all
The op could have been offered a national driver alertness course if they were driving without due care and attention due to operating the phone, even if it's in a cradle.

SpidersWeb

4,065 posts

180 months

Thursday 8th August
quotequote all
Gericho said:
They also don't always work properly. My phone sat nav has gone blank many times at crucial locations and needed to be closed and reopened or the internet on/off for it to work itself out again. I can imagine a lot of people would quickly grab the phone to do that.
Sounds a pretty crappy phone if it does that regularly, perhaps time for a new and more reliable one.

As for people putting phones in cradles to use them? Good grief I can't remember the last car I had that didn't have Android Auto / Apple CarPlay.

MustangGT

12,274 posts

287 months

Thursday 8th August
quotequote all
mikeouk said:
Alex Z said:
If the phone is in a mount, it is legal to use it.
https://www.gov.uk/using-mobile-phones-when-drivin...
No, even if you touch the screen it’s an offence.
That’s been proven with my own situation, I never take the phone out of the mount
I do have to laugh. The link is provided proving what the legal situation is, yet the OP, or others, continue to refuse to accept it.