On phone in stationary traffic

[Charttopper]

NC for this. I'm wondering if any legal folk have advice or whether you all think IABU.

A few weeks ago I was stopped at traffic lights for some time in standstill traffic so I briefly picked up my phone to look at a message that had come through. I was on my own with my baby in the back. Suddenly I was aware of something to my right and when I turned, there was a man in a high vis jacket on a bicycle, stopped right next to my door, and bending down to stare at me through my window. He didn't engage, just stared straight at me for what felt like an age. His position meant that I couldn't get out of the car and it felt very intimidating. I didn't know what his intentions were, or what he'd do next.

He then cycled off ahead and stopped by the windows of one or two other drivers and did the same thing. I felt quite shaken by the experience.

I later learned that he either reported me or was an undercover policeman as he had filmed me on my phone with his helmet camera.

I have now received 6 points and a £200 fine. I accept that the law states that checking your phone including when stationary is an offence so I am not disputing that there should be a consequence.

However, I can't help but feel that 6 points is a disproportionate punishment given that I was stationary and not actually causing risk. If I was moving it would be a different matter but I was not driving without due care and attention, i was stationary with the break on.

Secondly, the method of capturing this footage - a man staring into a woman's car, on her own with a baby, and instilling fear and blocking her in surely is not acceptable?

Can I challenge any of this?

I think by accidentally the PP meant more of a reflex. I’ve done it before, we are all just so used to picking up and checking phones that when you’re stationary in traffic you just pick it up to check as an automatic reaction.

Solution is to have it out of touching distance. Assume OP will be doing this from now on anyway.

Whilst I agree that the OP did break the law and people should most definitely not be using their phones whilst driving, I really don’t agree with intimidating vigilante cyclists like this who are just looking to score points when ultimately in a situation where harm is very unlikely to occur.

Another slant on this -

You didn't feel intimidated, you felt guilt and shock at being seen/caught using your phone so now you're trying to justify your actions (using the phone) to make it seem like the guy on the bike was the one who was in the wrong.

Why on earth would you be wanting to open your door when stopped at lights anyway

I doubt the Police will give a monkeys about this alleged intimidating behaviour. They've heard it all before and it doesn't alter the fact that you was using your phone whilst driving - I can't imagine it would reduce the fine or points and could possibly cost you more money in legal fees if you did want to take it further (prosecute him for intimidating behaviour).

where harm is very unlikely to occur.

Have you never seen a situation where a driver is so interested in their phone that they are completely unaware of their surroundings?

Well done that man. Break the law, take the penalty to warn you to keep others safe.

You lose your license instantly if you are caught doing this in the two years after you pass your test.

License gone, straight away, no second chances.

My phone is in the boot.

Secondly, the method of capturing this footage - a man staring into a woman's car, on her own with a baby, and instilling fear and blocking her in surely is not acceptable?

I can’t believe you’re now trying to play the ‘vulnerable woman with baby’ card here. You fucked up. It’s your fault. You were caught.
Don’t do it again.

OP felt intimidated because she got caught committing an offence. If she had left her phone alone, none of this would have happened.

How do you accidentally check your phone? Does it just leap into your hand?
Of course the OP will get flamed, she broke the law with no reasonable excuse.

Oh my good lord the people on here. Proper load of saints.

what was the risk of harm? None

it’s just ridiculous. I say this as a person who had a family member killed by a lorry driver using a phone.

stationary in traffic glancing at your phone is not the same.

All the people saying it's the law. Yes it is. But any reasonable person also knows that checking your phone while you are stuck in traffic and not moving is risk free.

And what if the driver is so flustered by a man staring at them intently directly outside their car door that they are equally as distracted?

Two wrongs don’t make a right.

And I don’t think people should use their phones whilst driving. DH is an experienced commuter cyclist and has all sorts
of tales about arsehole driver behaviour, but even he doesn’t agree with vigilante cyclists.

Serves you right.

And it’s no different to glancing down to look at something on the floor of your car or changing the music. When stationary none of that is going to cause any danger 🙄

I totally agree with cyclists and pedestrians and other drivers who challenge the arseholes who feel they are entitled to use their phones while driving. That includes those who think the law doesn’t apply to them.

Probably that Mikey knobhead - I don’t see the issue if it’s standstill traffic but it is the law unfortunately (before the self righteous ones hijack my comment)

The driver would not be flustered if they left their phone alone.

It is simple. If you don't want to be filmed, or have points on your license... leave your phone alone.
I can understand people filming others that are on their phones as they have probably nearly been hit by them in the past. Cyclists are very vulnerable on the road.

I used to be a motorcyclist and the amount of near misses I had... with "sorry mate, I didn't see you"... yes you fucking did, you were fucking distracted.

Hypothetically, what does the law state if you’re on a motorway that’s been closed ahead of you due to an accident, and you’ve been completely stationary for at least an hour?
I was so bored when this happened to me the other day! I was really tempted to get on my phone and do my online food shop. (I didn’t do it.)

This happened to my husband also at a stationary road works. He’d just found out our friend had been murdered and was driving home, admittedly distracted but needed to get back quickly. Cyclist prick did the same thing and said it’s now a thing in London. 6 points. It’s not up to other citizens to police actions, it’s twattery of the highest order.

@Charttopper how was he blocking you in? Did he stop in front of your car so you couldn’t move?

if you are talking about him being at the side of your car why would you want/ need to get out while in stationary traffic? Surely this is not a desire you had, were you going to take your baby and run?

Nah, that won’t work as he’ll have submitted his video evidence showing him cycling up and her already being on the phone.

Then she’ll have lied to the police etc. Can of worms.

Wow! Seriously?

I don’t think the cyclist is the ‘little prick’ here!

I find the law slightly incoherent here tbh. I don’t see why, if we’re banning someone picking up a phone at traffic lights, we don’t ban the inbuilt car touchscreens which you are allowed to use whenever you like to do a whole range of things (my understanding of the law is that it specifies handheld devices?). Are we pretending that that is safer than picking up a phone when stationary in a traffic light queue? I don’t believe that all the outraged people here never touch their car’s screen to flick through radio stations/find a song/read a text that comes up on the screen - I personally really don’t think it should be allowed for texts to come up on your car screen while you’re driving.

But OP, 6 points is the penalty. And it’s hardly a secret. So no, you can’t argue it. You did it.

They are not policing other people's actions... they are filming evidence. Unless you are saying no crimes are committed unless a police officer is actually there witnessing it?

You are bang to rights, unfortunately. I think this punishment would be proportionate if you were driving whilst using your phone but the risks to other road users are non-existent from glancing at your phone whilst stationary. The law hasn’t really caught up with technology here because there would be nothing illegal per se in using the screen in your car to select music or set a route whilst travelling at 70 mph, and that is clearly more risky to other road users. But while the law is as it is, you are stuffed.