Caught Using Phone Whilst Stationary

[521EK9]

Hoping someone could help.

Whilst Sitting in a queue of traffic at a red stop light, I picked up my phone to check the time.

I did not open up the phone or use it for anything that a phone is meant for (making a call, text, email or in this day and age, a social media scroll).

I picked it up, looked at the time and put it down again. I didnt even touch the screen.

Anyhow, A HGV driven by police with a camera on it caught me doing so, instructing the following police vehicle to pull me over with the offence of 'using a phone whilst driving'.

I did not believe checking the time on your phone whilst stationary in traffic, with the vehicle in park, handbrake on, was an offence, of which would cause any danger to any other motorist.

I knew the police vehicle was there however as I deemed I wasnt using the phone as a 'phone' rather as a clock it wouldn't be an issue.

Any thoughts?

Sorry for my ramblings. I'm still stumped as to this new law.

The police officer advised me that it is also illegal to use your phone as a means of payment in a drive through, one which I had heard before but seemed to have no logic behind it.

Any help is much appreciated.

[Scabutz]

It's not illegal to use to pay at a drive through, there is a specific exclusion for that.

It is illegal to pick it up and check the time while parked or in traffic.

The offence is holding the phone, regardless of why.

[521EK9]

Scabutz said:

It's not illegal to use to pay at a drive through, there is a specific exclusion for that.

.

The officer used the above as his reasoning, even when I pressed on his opportunity to educate rather than prosecute.

Unfortunately it's not a part of the law I was clued up on.

In my eyes if the vehicle is stationary in a queue of traffic where we are being held for 15-20 seconds at a time, a quick check of the time on the only device that had an accurate reading on it wouldnt cause any harm to anyone around me, motorists, pedestrians or emergency vehicles.

I showed altertness, as soon as he put his blue lights on I moved over to give him room to pass, sadly he wanted me and not a real emergency.

[Mars]

521EK9 said:

Hoping someone could help.

Whilst Sitting in a queue of traffic at a red stop light, I picked up my phone to check the time.

I did not open up the phone or use it for anything that a phone is meant for (making a call, text, email or in this day and age, a social media scroll).

I picked it up, looked at the time and put it down again. I didnt even touch the screen.

Anyhow, A HGV driven by police with a camera on it caught me doing so, instructing the following police vehicle to pull me over with the offence of 'using a phone whilst driving'.

I did not believe checking the time on your phone whilst stationary in traffic, with the vehicle in park, handbrake on, was an offence, of which would cause any danger to any other motorist.

I knew the police vehicle was there however as I deemed I wasnt using the phone as a 'phone' rather as a clock it wouldn't be an issue.

Any thoughts?

Sorry for my ramblings. I'm still stumped as to this new law.

The police officer advised me that it is also illegal to use your phone as a means of payment in a drive through, one which I had heard before but seemed to have no logic behind it.

Any help is much appreciated.

From https://www.gov.uk/using-mobile-phones-when-drivin...

Govt website said:

Exceptions
You can use a device held in your hand if:

you need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop
you’re safely parked
you’re making a contactless payment in a vehicle that is not moving, for example at a drive-through restaurant
you’re using the device to park your vehicle remotely

Apart from that specific example which contradicts the policer officer, and the others in the list above, you can't hold your phone. At all.

[521EK9]

Mars said:

you’re safely parked

Would you argue I was safely parked, with the vehicles gearbox placed in 'Park' with the handbrake on? There were vehicles infront and behind also seemingly 'parked'

ok maybe pushing my luck on the above definition.

[Cats_pyjamas]

Take it on the chin. You fked up. Use the clock on your dash/clocks/radio next time?

[Mars]

521EK9 said:

Mars said:

you’re safely parked

Would you argue I was safely parked, with the vehicles gearbox placed in 'Park' with the handbrake on? There were vehicles infront and behind also seemingly 'parked'

ok maybe pushing my luck on the above definition.

No. That's not parked. You were in traffic.

[vonhosen]

https://www.legislation.gov.uk/uksi/1986/1078/regu...

[Scabutz]

521EK9 said:

Mars said:

you’re safely parked

Would you argue I was safely parked, with the vehicles gearbox placed in 'Park' with the handbrake on? There were vehicles infront and behind also seemingly 'parked'

ok maybe pushing my luck on the above definition.

You are. As far as the wording of the law goes youre bang to rights. Challenging it will get you nowhere.

[descentia]

You said it yourself that you weren't parked ...'Whilst Sitting in a queue of traffic at a red stop light'

Buy a phone mount

[521EK9]

Cats_pyjamas said:

Take it on the chin. You fked up. Use the clock on your dash/clocks/radio next time?

Unfortunately the time on there isn't accurate hence only really trusting the phone.

Is it worthy of 6 points and a £200 fine?

Or would you say some education around the use of a handheld device is needed?

The police officer then bragged he would catch another 30 people in exactly the same way today, showing that there is a hole in drivers knowledge around what is classed as 'using a mobile phone or device whilst driving' (Stationary).

[Dickymintess]

Mars said:

Apart from that specific example which contradicts the policer officer, and the others in the list above, you can't hold your phone. At all.

What if your ‘phone’ is a watch?

[Matt Clay]

Driving in and around London, stopped at traffic lights, it's 50/50 that lights turn green yet a person in front is stationary through checking their phone.

[kestral]

Scabutz said:

It's not illegal to use to pay at a drive through, there is a specific exclusion for that.

It is illegal to pick it up and check the time while parked or in traffic.

The offence is holding the phone, regardless of why.

Whilst parked !

[521EK9]

vonhosen said:

https://www.legislation.gov.uk/uksi/1986/1078/regu...

Thank you for the info on this. Looks like I'm doomed as 'checking the time' is in there. even if I never pressed the screen to illuminate it, just by picking it up i've lubed myself up.

Going to hopefully encounter them tomorrow with a watch in my hand, before I do so, is there a law against checking a watch for the time whilst stationary.

[Scabutz]

521EK9 said:

Unfortunately the time on there isn't accurate hence only really trusting the phone.

Is it worthy of 6 points and a £200 fine?

Or would you say some education around the use of a handheld device is needed?

The police officer then bragged he would catch another 30 people in exactly the same way today, showing that there is a hole in drivers knowledge around what is classed as 'using a mobile phone or device whilst driving' (Stationary).

How accurate does it need to be? You set it to the correct time. Is it drifting by minutes every day?

This thread is starting to sound like a wind up.

You broke the law, plain as day, but want to debate whether it was just. Doesn't matter.

I don't believe there is a hole in people's knowledge, i know you can't do it, so do most people. Some people just think they will get away with it. Same with speeding. Everyone knows breaking it could result in points and a fine and yet it happens all the time

[521EK9]

Scabutz said:

How accurate does it need to be? You set it to the correct time. Is it drifting by minutes every day?


You broke the law, plain as day, but want to debate whether it was just. Doesn't matter.

I don't believe there is a hole in people's knowledge, i know you can't do it, so do most people.

I'm sorry I didn't want to seem like a show off but I do drive multiple vehicles and unfortunately I dont get the opportunity to check every clock is set correctly. I do rely on my phone to give me that particular piece of information as I believe it to be accurate.

Yes on reflection I've broken a law I did not know existed, I wasnt aware this was a part of law or legislation otherwise I wouldn't have done it.

[Oceanrower]

Scabutz said:

The offence is holding the phone, regardless of why.

Mars said:

Apart from that specific example which contradicts the policer officer, and the others in the list above, you can't hold your phone. At all.

The pedant in me feels the need to point out that HOLDING the phone is not an offence. The offence is USING the phone.

For example, moving it from rattling around in the armrest to putting it on the passenger seat isn’t using it…

That, unfortunately, is no help to the OP. Bang to rights.

[ec1 eex]

That's the law as it's written. I don't believe stationary cars pose a danger to others, but the law seems to. Would have been a different story if you touched a phone held in a phone holder. Oddly, using your phone whilst cycling isn't an offence, while some vigilante cyclists do exactly that to take footage of drivers handling their phones to get them prosecuted.

[Short Grain]

521EK9 said:

Scabutz said:

It's not illegal to use to pay at a drive through, there is a specific exclusion for that.

.

The officer used the above as his reasoning, even when I pressed on his opportunity to educate rather than prosecute. Sounds like you failed the attitude test, sorry! He might have been wrong, or even be a bit of a dick, but pointing out a coppers wrong, at the side of the road, was never going to go down well!

Unfortunately it's not a part of the law I was clued up on. Are you a lawyer?

In my eyes if the vehicle is stationary in a queue of traffic where we are being held for 15-20 seconds at a time, a quick check of the time on the only device that had an accurate reading on it wouldnt cause any harm to anyone around me, motorists, pedestrians or emergency vehicles. Does your car not have a clock anywhere on the dashboard, and if it has, set it to the right time before you set off?
I showed altertness, as soon as he put his blue lights on I moved over to give him room to pass, sadly he wanted me and not a real emergency. There's the sarky attitude again!

The offence is holding a phone whilst the engine is running, even if you're stopped with the handbrake on,or something like that. IANAL May seem stupid, but that's been the law for long enough now, again sorry, not being arsey but it has been awhile!