11 replies to this topic

[adieu]

Is it true that you can be charged with using the above even if your parked up in a layby, but your engine is running?

Thanks in advance.

[Rockin]

Quote

Driving a car

The term "driving" has a very wide definition in motoring law matters. You can generally still be considered to be driving, even if you are stationary, sitting in your vehicle off the road, but with your engine running. Turning off your engine may be enough to prevent a successful prosecution.
If you are stuck in a traffic jam, then again you are still driving your car as far the police are concerned and you open up yourself to prosecution if you use your mobile phone other than through a hands-free kit. Every case is different and it is very difficult to lay down hard and fast guidelines.

http://www.lawonthew...nes_and_Driving

[Sir Drivealot]

http://www.legislati...gulation/2/made

The law seems to make no mention of "being in charge of a vehicle whilst using a mobile phone"

More specifically the law states "DRIVING"

It seems to be down to what point you cease to be driving.... I think you'd have a good defence if you were in a layby, probably a lesser defence at the side of the high street in busy traffic.

If your engine is off and handbrake on you are clearly not driving.


In some circumstances you can be done for being drunk in charge of a vehicle even when asleep in a parked motor-home in a car park. because the law in that case states "in charge of a vehicle"

[Lottie]

IIRC its if the engine is on or even keys in the ignition as you are classed as being in control of the vehicle. May be wrong though?

[Lord B]

its like a lot of things and hopefully if a case ever arose, common sense would prevail, like rule where I used to work stating

'seatbelts MUST be worn at all times whilst in the vehicle'

Now firstly how do you get out, if you are wearing a seatbelt?, at what point are you not in the cab

and secondly what happens if you are in back of van, getting something out

Most rules it seems, are made by people who clearly have never tried, or ever have any intention of abiding by them themselves.

[Lord B]

[Cubes]

Lord B, on 09 November 2011 - 09:24 , said:

its like a lot of things and hopefully if a case ever arose, common sense would prevail, like rule where I used to work stating

'seatbelts MUST be worn at all times whilst in the vehicle'

Lordy, that was clearly just a rule your employers enforced as opposed to 'law'. Same as many councils/local authorities enforce. A lot now have their own points system which mirrors the driving licence points system. If you get enough to get 'disqualified' you get shafted in the post room or something!

As for using a mobile phone in a layby, that is perfectly fine. It's not as simple as whether you are stationary or not. There is a huge difference in being stationary in a lay by and stationary in a queue of traffic, or at a red light where you would be expected to drive off at any second.

Hope this helps  :-)

[Exocet]

Another example I've mentioned in the past - At my old job, we were told that we couldn't operate the fork truck when a pedestrian was within a certain distance (3 meters perhaps, I can't remember). We also weren't allowed to cross pedestrian walkways without 'management supervision'.

Firstly, pedestrians were ALWAYS within whatever distance it said, and the management was only present 6-7 hours during the day, when nothing was happening. Needless to say, none of the idiotic rules were followed.

Edited by Exocet, 09 November 2011 - 21:57 .

[Cubes]

Exocet, on 09 November 2011 - 21:56 , said:

Firstly, pedestrians were ALWAYS within whatever distance it said

Ha ha! Typical management!

[Sir Drivealot]

Lottie, on 08 November 2011 - 12:09 , said:

IIRC its if the engine is on or even keys in the ignition as you are classed as being in control of the vehicle. May be wrong though?

That's where I read the law carefully....

For phones it stated "driving", for drink it states "in control of a vehicle"

"Parked" may well not be classed as "driving"

You'd have to have seriously pissed of the copper to have them do you for sitting stationary in a place that could be deemed to be "off the carriageway" Even then it would be iffy in court.

[Cubes]

Sir Drivealot, on 10 November 2011 - 00:47 , said:

That's where I read the law carefully....

For phones it stated "driving", for drink it states "in control of a vehicle"

"Parked" may well not be classed as "driving"

You'd have to have seriously pissed of the copper to have them do you for sitting stationary in a place that could be deemed to be "off the carriageway" Even then it would be iffy in court.

Like I said, You would NEVER be approached by the police for using a mobi in a layby, engine running or otherwise. Nor would you if parked at the kerb side. Unless you were causing obstruction.

[GazT4R]

Lord B, on 09 November 2011 - 09:28 , said:

It's ok he was safe, securely fastened to the ladder .