Using mobile phone when driving

[40andnotsofabulous]

Hoping I can get some advice. I received letter this morning asking me to confirm if I was driver earlier this week on set road at set time as I had apparently been using my mobile phone.

It was definitely me driving and I was on phone at that time- checked records and I was on a works teams call. However, my phone set up is blue tooth to come through car, and as it was a phone call I can’t see why I would have been touching my phone at all (it sits in the central bit of car). I don’t play with phone in car, but even still I have double-checked messages etc and as I expected there is nothing sent. Am a bit confused- unless I literally moved the phone, but even the am not sure why I would.

The letter doesn’t give other details or say what the evidence is. I don’t want to dispute if it’s true, but I also don’t want to say I am guilty without checking it.

has anyone been in this situation? Do they send the photo or evidence after you confirm you are driver?

Posting in AIBU for traffic. Fully appreciate if using phone while driving then it is unreaonable behaviour and so makes sense to get the fine, but this is not what I am disputing! Thanks in advance.

There has been a lot of useful fact on this thread plus I am pleased to see that some posters have told there employers that they will not use their phones when driving. Also of course some employers have said that there is to be no phone use when driving, even hand held.

The original offence was 'not being in proper control of a motor vehicle' ie eating a croissant but making using a phone a specific offence means its much simpler to prove.

Now pardon my French BUT it seems to me that if you dont realise that you cant have a phone call let alone a teams meeting and drive at the same time then there is something wrong with you - call it 'car brain' and you are not 'fit and proper' to hold a driving licence. If nothing else you should disqualify yourself.

It does, from watching CyclingMikey. Touching in a holder is only illegal if it distracts you and causes you to act dangerously.

Holding in hand or lap is always illegal.

So I should disqualify myself for taking a phone call through car system that is legal 😂

While I completely understand some peoples views on taking phone calls, these calls (including teams) are legal- that’s the law, not my opinion.

what a weird comment!

This
I am a district nurse and I've had colleagues and managers moan at me because I will not answer my phone whilst driving.
The trust do nor provide hands free for safety reasons ... I don't accept the ... what if it's an emergency line.
(They'd need to phone 999 then... sense of urgency isn't an emergency if not).
There was a senior nurse near where I live who killed a young father in the summer of 2020 because she was gabbing on the phone and misjudged a junction.
Tragic for everyone
She didn't get jail because "the "urgent " call was about ppe" and it was during covid
Sadly the trust didn't learn from it
They could have implemented safety driving for work policies

I love the comment on kids though as I fully agree. I happily take calls, but actually find the most distracting is having my kids in car. The constant bickering, singing, ‘mummy, mummy, mummy’

You just stop taking in any of those situations, one is not more or less difficult.

There are a lot of roads where you can do 60mph quite legally but its pretty obviously extremely dangerous you may well kill yourself and/or somebody else in the process.

Hands free phone ditto

I really think that you need to look very hard at what happened and some of the facts that have been put on this thread then think about your phone use

Sure - me having a hands free call is exactly the same :)

while I think there has been a lot of useful information and thoughts, my ask was about the law.

I can happily give my (biased) opinions on drinking and what I think is right/wrong, but at end of day it’s the law that matters.

Think you may also be a bit biased given your very strong views on this one…. Suggesting I am not fit to drive!

You can have a phone call when driving, I’m not sure it’s OP that’s got something wrong with her.

If you cause an accident though because you were on a teams call you can still get charged with dangerous driving

Exactly!

This is what I think is ridiculous.. my car has CarPlay with a large screen. Legally I’m allowed to scroll through songs/playlists on that screen whilst driving (not that I do), but if I did that on another screen (my phone) that would be illegal.

You can do the same on your phone if it is fixed into a holder. It isn’t illegal.

You could be prosecuted for using either if it causes you to drive carelessly or dangerously.

The offence is HOLDING and USING.

You're permitted to touch a phone provided it's in a holder and you're not distracted etc.

I have missed junctions and turnings numerous times while chatting away happily. So its definitely a factor, but on the other hand someone in the car should know when you need to concentrate and will probably shut up whereas someone on the other end of a phone may not.

If you get distracted doing that on either, they're both legal by the definition, and you cause an accident it will be 'driving without due care and attention' or whatever the phrase is and you could be prosecuted

I never touch my sat nat while driving either, its built into the car

it really annoys me that all my car controls are now touchscreen. Even of if I want to turn the blower on the clear the windscreen, which itself is a safety issue. It’s much harder to do and requires me to look at the touchscreen console.

As to the teams meetings, I usually only do it for meetings I need to listen to, but not concentrate, so it isn’t much different to me listening to a podcast. I’ve missed turnoffs when listening to those! I’ve actually missed things from daydreaming too and going on autopilot.

What do you mean she should “look at what has happened”? Literally nothing has happened. She wasn’t involved in an accident, she hasn’t been accused of dangerous or careless driving. She’s been asked to confirm who was driving the car.

I personally choose not to take phone calls in the car unless I can safely pull over. But I don’t see that the OP has done anything wrong here. Whether the law should be a total ban is not what is being discussed.

I can only assume you or someone you know was injured or killed by someone using a phone whilst driving, given the strength of your feelings. Or maybe you killed someone because you were using a phone and were distracted. Whatever it is, I’m sorry it happened to you. But your energy would be better spent petitioning for a complete ban, if that’s what you think is necessary. Not berating someone and telling her to disqualify herself for driving within the confines of the law.

Video and screen share have to be activated and I don’t that when driving

What do you mean by this @40andnotsofabulous ?

What happened is that the OP is potentially facing prosecution, 6 points and a fine.

I’ve found my children playing up in the car to be the biggest distraction!

If it’s in a hands free cradle these things are all allowed. You’re not allowed to hold and use a phone, but you can use it “hands free”.

In the letter to you @40andnotsofabulous does it provide photographic evidence of your alleged misdemeanour?

Only in your world……which seems to be triggered by perfectly legal practises.

You can join Teams calls just as a phone call. No video, so it’s like a normal call.