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.

Not yet- just asked me to confirm I was driver at set time and they would then get in touch. I would hope they would then send evidence, if not I will ask for this

Exactly- normal phone call. Was just confirming further up thread that I would never use video screen share when driving (for obvious reasons)

I dont think the law in this is clear and needs to be revised.

What is unclear about it?

It baffles me that people always use this as a comparison - it’s completely different! The passenger can see what you see and is aware of your surroundings - the person on the other end of the phone is totally oblivious to this.

It has been proved with studies that hands free driving is not safe but don’t let facts get in the way 😀

This. As long as you don't pick up the phone it's legal to talk hands free

It is, but that doesn't mean you won't face legal and personal repercussions if you were to cause an accident.

Whether you can use your phone hands free. You still need a hand to press a button to accept a call, even if it’s on the steering wheel.

My three teens have zero awareness when in my car 🤦🏻‍♀️

Kids don’t care though!

Seems perfectly clear in the Highway Code.

https://www.gov.uk/using-mobile-phones-when-driving-the-law

Or check the legislation
https://www.legislation.gov.uk/uksi/1986/1078/regulation/110

https://www.legislation.gov.uk/uksi/2022/81/made

Yes you can use a built in sat nav. Even in very modern cars they are not completely hands free. It is assumed that they are, but they are not.

This^
according Highway Code you should be in control of your vehicle all the time. So basically police might still prosecute you if it looks like you are not in control of the vehicle while using mobile phone hands free.

Is eating while driving allowed?

It's as dangerous to use a phone handsfree as it is to drink drive.

Should be banned.

How do you think uber drivers could work then?

Rubbish!! What a completely ridiculous statement!

Good job the law doesn’t include your opinion!

How many people have been injured or killed by drunk drivers, how many by people using hands free mobiles? Particularly when cars are actually set up for this.

I sincerely hope you’re not included in risk assessments!

And it’s not going to be banned.

Personally I think driving offences are treated far too leniently. They are looked on as a sort of ‘oh dear, don’t do that again will you’. I think this is wrong.
You can change someone’s life, remove their livelihood, through injury.
A car say, uninsured that damages someone for months, maybe forever, there is no compensation for that person. And the driver probably gets a very short sentence. And probably goes out and does it again.
The attitude to mobile phone use is telling. I see and everyone will, many people using their mobile whilst driving. Nobody takes it seriously. And no, they are never a danger to others, of course not.
Peoples focus should be on the road. Not on a phone call. Hands on or off. I know hands free is not illegal before anyone tells me otherwise !
My thoughts are that all of these motoring issues are treated too lightheartedly.

My thoughts are hands free mobile use is fine, as you acknowledge (which is more than a lot have) also legal.

Drink driving and driving without insurance is not legal and therefore taken seriously.

Perhaps not so ridiculous as you think.

Research claims hands-free mobiles as bad as drink driving

Using a hands-free mobile while driving can be more dangerous than drink driving and a majority of motorists would ban all phone use when driving, research by Direct Line concluded.

The Transport Research Laboratory (TRL) found:

Driver reaction times, such as the time taken to apply the brakes or steer away from danger, are 30% slower when using a hands-free mobile phone than when driving over the legal alcohol limit.

At 70mph that means that the vehicle travels 26ft further than normal in an emergency stop. Someone driving slightly over the legal alcohol limit would travel just 13ft.

Drivers' concentration levels reduced for an average of ten minutes after the conversation has ended.

https://www.insurancetimes.co.uk/hands-free-mobile-equals-drink/1377082.article

It’s ridiculous and will continue to be legal! That’s views (like yours) not actual statistics.

Irrelevant!

If A driver was drunk would you get in a car with them? I’d assume not and hope you’d also contact police, if they intended to drive.

If a driver owns a mobile and hands free kit, would you confirm before travelling that they had no intention of using it?

Ive never been asked that, if I was, I would say yes, if you advised that you weren’t happy, you’d be asked to make alternative arrangements.

Sorry, you’d not be dictating to me, that I can’t use a phone completely legally 🤷‍♀️, because you think it’s as bad as drink driving.

Says someone who lives and works in a place where owning a car isn't a necessity!

Worse than that really. The offences/prosecutions are based on the consequences not the crime. So if you break the speed limit and don't kill anyone, at worse you'll get a fine and a few points (if caught). But on that same street and at that same speed, if you kill a child, you'll almost certainly be prosecuted for causing death by dangerous driving, meaning usually a prison term.

Makes no sense at all.

But as you say, traffic offences that don't lead to someone's injury or death are treated too leniently.

We should be prosecuting based on the offence itself, not the consequences of that offence. As the perpetrator is in no control of the consequences, so may be lucky/unlucky due to events completely outside their control/influence!