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what r my rights? fine for driving with mobile.

kezanddaz Avatar
9y, 6m agoPosted 9 years, 6 months ago
my sister was fined today for usig her phone whilst in the car.

however she was in a queue of traffic which was completeley stopped outside school.

she had seen my little boy, and thought he was on his own.

initailly she had phoned me but i ahd not answered.

when i calle dher back she was sat outside the school not moving but in a line of cars.

she answered the phone and said she woul;d pull over and call me back.

the police must of seen her do this and although she was not actually driving fined her?

does anyone know how to appeal. she thinks you have yo go through the courts and everthing??
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kezanddaz Avatar
9y, 6m agoPosted 9 years, 6 months ago
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#1
i think once u r in the car thats it unless the engine is turned off
could be wrong though
#2
I don't think you can get out of it. If the engine is running and you're using the mobile, they have the right to charge you I think.
#3
jasonrat
i think once u r in the car thats it unless the engine is turned off
could be wrong though


AFAIK the above is correct.

Unfortunately she should've pulled over before making the call. :)
#4
I think if the keys were not in the ignition, you could appeal. If they were in there, I think its classed as 'not being in control' of your vehicle. I think the best person to speak to is Dog_cop, for obvious reasons!

Hope you get it sorted...
#5
Your still classedas driving. You need to pull over into a layby.
#6
No idea myself, but I guess it's another reason that the handsfree kits are a good idea.
#7
Yeah the law is if the engine is running you are driving regardless whether you have "pulled over" or not.
[mod]#8
Found this on the IAM website:

[COLOR="Blue"]THE MOBILE PHONE LAW - QUESTIONS AND ANSWERS

1. What does the ban mean?
It is a specific offence to use a hand-held phone when driving. A hand-held device is something that “is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function.” [COLOR="Red"]A motorist can regard driving as meaning a vehicle with the engine running[/COLOR]. In simple terms you can use a mobile as long as you don’t hold the phone and [COLOR="Red"]you can’t use a hand-held phone if the engine is running[/COLOR].

2. How much is the fine if you get caught using a hand-held mobile when driving?
Currently motorists will receive a fixed penalty of £30. This will become £60 and 3 penalty points on 27 February 2007.

3. What happens if you take the matter to court?
Motorists can take the matter to court where the maximum fine is £1000.
(£2,500 for drivers of goods vehicles). Penalty points will also be imposed in courts from 27 February.

4. Can I use a hands-free phone while I’m driving?
Yes, but you can only use it if it can be operated without holding the phone. Therefore mobile phones should be placed in cradles which are attached to the dashboard. Pushing buttons is permissible. [/COLOR]

Sorry :-(
#9
unlucky but theres little u can do cause its a genuine break of the law
#10
Sounds like she was stuck in traffic and on her phone.

It's still an offence, and she doesnt have a leg to stand on i'm afraid.

Hands-free's are cheaper than a fine.

There was a bluetooth headset here for a tenner a couple days ago.
#11
Out side a School too. Should be double the fine.
#12
Well I know its insensitive, But the laws been introduced for ages, So there is no excuse really. (In the eyes of the police also)
banned#13
the engine is running nothing u can do
#14
I'm amazed that you would look for an answer, whilst I don't condone this behaviour, would you not look for police presence before answering your 'phone! Sorry but the law is there for a purpose & if you can't use common sense outside a school................I guess you know the answer! As other people have posted hands-free kits are cheap on the forum.
#15
The trouble with laws like this is that if you give the motorist an inch they ask for two. Give them two and they ask for four.
The line is drawn regarding mobile phones and driving. It's a bit like trying to say "well my tyres are only 1mm under the limit" or "I was as soba as a judge after having that extra drink". Where is the line drawn?
Sorry, there is no recall on it as I see it.
#16
I think she will have to take it on the chin this time. But tell her to get one of these:

http://www.chromon.com/shop/catalog/images/THB%20BUry%20Comfort%20Vison%20Handsfree.jpg

I've got one and they are pretty good...
#17
where did you get that from Foxy?
#18
stora
Out side a School too. Should be double the fine.


hey there. my sister would never put children in danger. if i ever in her car and her phone rings she wont answer it! it was purely because she was stopped and was worried about my son!
#19
finicky
where did you get that from Foxy?


I got it through my work. I think they are readily available. I will have a little look for you.
#20
There are two on ebay, one buy it now and one to bid on:


The bid on one has no reserve and is only at £2.20 at the moment with just over a day left...
#21
kezanddaz
my sister was fined today for using her phone whilst in the car.

however she was in a queue of traffic which was completely stopped outside school.

she had seen my little boy, and thought he was on his own.

initially she had phoned me but i had not answered.

when i called her back she was sat outside the school not moving but in a line of cars.

she answered the phone and said she would;d pull over and call me back.

the police must of seen her do this and although she was not actually driving fined her?

does anyone know how to appeal. she thinks you have yo go through the courts and everything??


Yea, I love a good old fight in the courts, and your sister should have no problem in getting off with the main offence.

There are a couple of things that need to be explained to the judge like -

Yes I was using the phone while in the car, but the police will allow you to make a 999 call if you feel that there is enough evidence to warrant the breaking of the Law like seeing a horse wandering about on the M6 in the middle of the night/day or you are following a drunk driver who is hitting other cars. So in this case your sister spotted your son on his own, outside the school on the pavement. This is very unusual because when you are with him, you never let go of his hand (he is only ?? years old) and he would never be on his own so close to the open road as anything could happen to him.

Secondly, she was sitting in the car with the engine running and the handbrake on because the traffic was stopped at the lights (??) so she was not actually driving and therefore could not lose control of the car. And it was because she was stopped and not moving that she was able to see her nephew on the pavement.

The events that happened were, traffic stopped, she saw nephew, phoned you, no reply, traffic started to move, nephew still unaccompanied, she pulled in to go and collect/stand by him, as she pulled in you called her and panic was off.

With the amount of perv.. and pead... around it is not safe to leave any child on their own especially when it is a family member, so your honour, I will accept any fine and points that are due to me but in view of the safety of a ?? year old family member who was acting in a strange manner, ie not holding his mothers hand, I felt that I had to do something, and I did not cause an accident or affect anyone around me. Case dismissed with a £20 fine only. :giggle:
#22
Still see loads of people driving while using the phone, think the police should do what they do with the cars, take it away and crush it.
#23
it is anto sosial behaviour

there is no excuse for it

some people could of been killed

she should get band
#24
kezanddaz
hey there. my sister would never put children in danger. if i ever in her car and her phone rings she wont answer it! it was purely because she was stopped and was worried about my son!



Kez,

I would suggest just pleading guilty and paying the fine etc

You could argue the points mentioned above regaridng the child but the problem is proving that the child was there at the time i would imagine, and it could be suggested that whay did you sister not park her car up and go to her nephew rather than ringing you.
banned#25
Had my nephew been that near a road alone, i wouldnt have wasted time with a phone call, i would have been fined for leaing my car where it was :whistling:
#26
no excuse, she broke the law and got caught.
#27
Katie Greggs
it is anto sosial behaviour

there is no excuse for it

some people could of been killed

she should get band


"anto sosial" thats a new one on me!! :-D

The way I see it is that she should just pay the fine. No room for argument. She broke the law plain and simple.
It irritates me when I see people on the phone in a car. (not using a hands free kit!)
She may well have thought she was acting innocently, but while she was on the phone, the traffic could have moved on, somebody behind beeps their horn so she panics, slips it into gear, pulls away as a child walks out in front of her car. End of story.

Deserves everything she gets I'm afraid.
#28
totally anto sosial to me

yep pay the fine and get the points
1 Like #29
Crazy1
Yea, I love a good old fight in the courts, and your sister should have no problem in getting off with the main offence.

There are a couple of things that need to be explained to the judge like -

Yes I was using the phone while in the car, but the police will allow you to make a 999 call if you feel that there is enough evidence to warrant the breaking of the Law like seeing a horse wandering about on the M6 in the middle of the night/day or you are following a drunk driver who is hitting other cars. So in this case your sister spotted your son on his own, outside the school on the pavement. This is very unusual because when you are with him, you never let go of his hand (he is only ?? years old) and he would never be on his own so close to the open road as anything could happen to him.

Secondly, she was sitting in the car with the engine running and the handbrake on because the traffic was stopped at the lights (??) so she was not actually driving and therefore could not lose control of the car. And it was because she was stopped and not moving that she was able to see her nephew on the pavement.

The events that happened were, traffic stopped, she saw nephew, phoned you, no reply, traffic started to move, nephew still unaccompanied, she pulled in to go and collect/stand by him, as she pulled in you called her and panic was off.

With the amount of perv.. and pead... around it is not safe to leave any child on their own especially when it is a family member, so your honour, I will accept any fine and points that are due to me but in view of the safety of a ?? year old family member who was acting in a strange manner, ie not holding his mothers hand, I felt that I had to do something, and I did not cause an accident or affect anyone around me. Case dismissed with a £20 fine only. :giggle:
Are you for real? Like really? The engine was running it has been said, she was in the driver's seat. She was therefore in charge of a motor vehicle. The same rules apply if caught whilst over the drink drive limit, in fact i believe you can be done even if the engine is not running whilst drunk.

I work on the highways of manchester and find the level of driving appalling to be honest. Last minute lane changes, crossing hatched road markings (a solid white line is prohibatory and must not be crossed except in an emergency)

What this woman did was out of line, and is an offence, period.

I for one would ban folks instantly for using mobile phones. No matter what folks say, and i am tired of the retort about fellow passenger chats, cigarettes, radio, sat nav distractions etc etc, it has been deemed that using a mobile phone whilst in charge of a motor vehicle is an offence and should be dealt with and punished accordingly.

It is always parents who complain about the driving of other's near schools; the same parents who block the roads, double park, making it a rat-run.

Tell her to take the points and fine, and learn a cheap lesson. £60 and 3 points, plus the potential increase in her insurance is a lot less than she would get were i allowed to influence this law believe me.

Driving a car, is a privilege not a right that some folks often forget.
#30
boydent999
Are you for real? Like really? The engine was running it has been said, she was in the driver's seat. She was therefore in charge of a motor vehicle. The same rules apply if caught whilst over the drink drive limit, in fact i believe you can be done even if the engine is not running whilst drunk.

I work on the highways of manchester and find the level of driving appalling to be honest. Last minute lane changes, crossing hatched road markings (a solid white line is prohibatory and must not be crossed except in an emergency)

What this woman did was out of line, and is an offence, period.

I for one would ban folks instantly for using mobile phones. No matter what folks say, and i am tired of the retort about fellow passenger chats, cigarettes, radio, sat nav distractions etc etc, it has been deemed that using a mobile phone whilst in charge of a motor vehicle is an offence and should be dealt with and punished accordingly.

It is always parents who complain about the driving of other's near schools; the same parents who block the roads, double park, making it a rat-run.

Tell her to take the points and fine, and learn a cheap lesson. £60 and 3 points, plus the potential increase in her insurance is a lot less than she would get were i allowed to influence this law believe me.

Driving a car, is a privilege not a right that some folks often forget.


Spot on boydent999 :thumbsup:
[mod]#31
I bet kezanddaz wish she never posted now. :giggle:
#32
Katie Greggs
it is anto sosial behaviour

there is no excuse for it

some people could of been killed

she should get band


shut up :x
#33
kezanddaz
shut up :x


You wouldn't be saying that if it was your little 'un that she'd actually ran over whilst on the phone would you?

People making excuses and trying to bend the rules when they are clearly in the wrong!!!!! What a joke!

She should take the fine - learn from one's mistake and move on!!!!!
#34
Syzable
I bet kezanddaz wish she never posted now. :giggle:


ha ha yes i do. wanted a bit of advice, not a full on bunch of hissy fits.

i understand all of your points , however the auditions for judge judys job, are way in force here long before shes even corked it!!

i myself and my sister are law abiding citizens, and take the welfare of peoples lives very seriously, which is why i stated she would never of answered it, if it had not been for the circumstance and the fact that she was stopped!

after working at the community drugs team, it worrys me more that drug addicts clearly off there kite leave the building every day driving a car!

anyway, thanks for all your points, she was very naughty, very selfish and will probably go to hell.
#35
NatD
You wouldn't be saying that if it was your little 'un that she'd actually ran over whilst on the phone would you?

People making excuses and trying to bend the rules when they are clearly in the wrong!!!!! What a joke!

She should take the fine - learn from one's mistake and move on!!!!!


it wasnt an excuse, it was honest. i said shut up because of the way they are speaking to me?
#36
I do hope all those being so hard on Kezanddaz and her sister have never broken the law, never gone even 1mph over the speed limit or had your seatbelt off for a split second etc.

I think she got the point that she was in the wrong and there is nothing she can do about it now, but what's with making out like she tried to kill your mothers or something? Lay off ya bunch of meanies :P
banned#37
Offence is complete.... pay the fine ...end of
#38
:friends:
Starlet
I do hope all those being so hard on Kezanddaz and her sister have never broken the law, never gone even 1mph over the speed limit or had your seatbelt off for a split second etc.

I think she got the point that she was in the wrong and there is nothing she can do about it now, but what's with making out like she tried to kill your mothers or something? Lay off ya bunch of meanies :P


lol:giggle: thankyou hun.. my thoughts exactly xxxx :friends:
#39
OK, we've heard everyone's views on this now and quite frankly I'm tired of it. It's unfortunate that she was caught, but she shouldn't have been doing it anyway.

I'm going to save any arguments, further flaming, etc. If anyone has any USEFUL comments then they may feel that they wish to message kezanddaz.

Thanks.

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