Are we breaking the law?

[Phmode]

No, not that one, we all do that.

There was an article in the media over the weekend about the use of mobile phones whilst driving. Now, we all know what the law says, or do we?

When riding or driving, my phone, historically, has always been in my pocket where I can't get to it so there was no chance of me falling foul of the law by accident. If I wanted to use the phone, then I did it via the Garmin.

However, the article I read (source unknown now) stated that it was unlawful to touch any device, whilst driving, which was capable of receiving or transmitting data.

Now, that is the first time I've seen that definition. My Garmin XT was certainly capable of receiving data whilst on the move; traffic status, weather etc. etc.

And was it also capable of transmitting data when it uses Bluetooth to communicate with my Sena headset?

Since I have started using a second phone as my navigation device, I removed the SIM card so I could demonstrate that it wasn't really a phone if I was stopped for poking the screen whilst on the move which is little different from poking the screen of a sat nag or even poking the heater controls in the car.

So, what is allowed and what isn't beyond the obvious of dialling a number on the screen or texting the undertaker?

[fjtwelve]

Mm. No idea what the legal position is. However.
Methinks you worry too much. Otherwise several hundred thousand people a day would be getting done as they had a mobile in a holder suction cupped to the windscreen.

[Grumpy jase]

This link is really good for explaining this change in the law

https://www.youtube.com/watch?v=ys9y7_R7eZk

Your mobile with No SIM card does not protect you from the new law, but in your pocket or in a cradle, and therefore not "hand held" seems to cover it.  Same will apply to any other Sat Nav, or similar.  As he says at the end of the video, there is always the caveat of being distracted by any device, but

[Phmode]

That was a really interesting and useful article and I don't know why I hadn't come across it before, being a fanboy of the gentleman in question.

So, it would appear that even dialling a number on the phone screen is allowed as long as a) it is in a holder and b) you are not distracted...

It is like most laws that most of us abide by most of the time in that we don't delve into the minutiae of the wording, we just think 'yeah, that makes sense (or not)' and duly abide by or totally ignore, the law in question.

The original media article was obviously wrong in stating that 'touching' the device was illegal, it obviously meant to say 'holding'.

[drumwrecker]

As I understand a cell phone is untouchable in a car. Although  at the time you have to be considered not in control of the car i.e. weaving etc. (but officer I was changing radio stations and while I was nearby I checked my satnag)

I also read an article about some foreigner (Ukraine I think) who has invented an app where your phone can be used as a video camera and when something illegal happens you just touch the screen and it sends the video clip to the relevant authority.
Does the sender also get nicked for touching the phone screen. He must have touched it or they wouldn't have received the video clip?

[Phmode]

Well, if you follow the link and watch the legal position Ron, you will see you are allowed to touch the screen to take a call, dial a number etc. as long as the phone is in a cradle/mount and you are not holding it in your hand and you are not being distracted. Yeah, right. I know I can't.

In my car, the phone is Bluetooth'ed to the in-car sat nag and so I can answer a call, dial a number etc. using the controller for that but that is more distracting than using the phone screen.

[Matt]

The whole weaving/distracted thing is key isn't it. "ok fine I'll replace my satnav with the A-Z... and then hold it against the steering wheel like it's the 1980s." It ends up with the same thing when you're swerving all over the place trying to turn pages.

This is why I have patented the Triangle of Stability (tm). Imagine an isosceles triangle. Ok you're half way there. Now imagine the nearest point is mounted to the tank filler ring. Now the two outer points have pockets that slot over the bar ends. BAM. No more weaving whilst you write up the minutes from that frustrating client meeting!

Coming soon to the hybrid working horse rider: the Trapezium of Predictability.

[andym2]

Coming soon to the hybrid working horse rider: the Trapezium of Predictability.

I think someone beat you to it by a few hundred years... Google 'Hobbles'.

[drumwrecker]

We have to worry about the individual cop's interpretation of the law. It was reported a while back that a woman was nicked for taking a bite of an apple while stationary at a red traffic light. The argument being she wasn't in control of he vehicle. Good job she wasn't putting it into 1st gear to pull away she may have been in real trouble. The whole thing is crazy.

[Phmode]

Yeah. The 'he was eating a sarnie sarge' just gets my goat. You see so many people (of the opposite sex  ) 'driving' along holding deep and meaningful conversations with their passengers, waving their arms, gesticulating wildly and barely touching the wheel or glancing at the road ahead whilst paying minimal attention to anything and yet someone gets nicked at red lights, out of gear, brakes on, for daring to think about a bite of said sandwich.

The arm waving thing is driving without due care and attention which ever way you look at it and yet the law turns it's conveniently blind eye.

Flame 'off'.