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    Points for using phone points in car

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    Hey not sure if I can ask this here but...

    Today my phone rang when I was driving so I parked up and answered the call. A police officer saw that my engine was on and is referring me to court for it.

    I told him I was parked with my seatbelt off but he said it's not good enough since my engine was still on.

    Anyone had this happen to them? What's going to happen? Xx

    60 Comments

    Sadly I believe by the letter of the law he is correct. Still makes him a jobsworth though.

    Engine has to be off and handbrake on apparently
    I remember being parked up eating a kebab on a cold evening after a night out
    I was eating and texting when they pulled up behind me in a lay-by
    I had the car running as heater was on
    Had the polite arguement asvcar was running and I was in control of the car .... Yawn
    Steering turned to kerb , no lights on , eating as was parked and on my phone
    I said impossible to drive as hands were full
    He left but gave me a warning
    Was told above about car running etc

    Original Poster Banned

    g8spur

    Sadly I believe by the letter of the law he is correct. Still makes him a … Sadly I believe by the letter of the law he is correct. Still makes him a jobsworth though.



    I haven't had my license for two years will they take it away? xx

    If you e had your license under 2 years then it will be revoked you might be lucky as he is referring it to court and they might give you a warning! Xx

    Go to court , explain you respect the law about driving whilst using a mobile phone so parked up , took your seatbelt off as you weren't driving and answered the call
    The car was running as heater was on
    Where were you parked out of interest ?

    michelle809

    I haven't had my license for two years will they take it away? xx



    I'm pretty confident that any court in the country would let you keep your licence as you have made a genuine effort to not break the law and were simply ignorant to it. Whilst this isn't a defence they should show compassion.
    Edited by: "g8spur" 9th Mar

    Very poor policing that only makes you resent them.

    I heard a similar story many years ago.

    A man went to the pub and knowing he had had too much to drink climbed into the back of his car in the car park to sleep it of. Police came along and woke him up, he was arrested because he had the car keys in his pocket and technically was drunk whilst in charge of a motor vehicle.

    a friend was asleep on the backseat of his car having drunk a few. Engine was off as were the lights and it was in a layby near the pub.

    police woke him at about 2.30 by banging on the window. he was prosecuted for drinking and driving although the car hadn't moved and the engine was off. he had the car keys in his pocket so he was in charge of the vehicle.

    he lost his licence unfortunately. since then I don't go near my car if I've had a drink and it is on a public highway.

    I am pretty sure as harsh as it is the officer is correct and you will have your license revoked under the new drivers act sorry

    however, I think you may be lucky.

    using phone is a 3 point offence. you lose your licence if in first two years and you clock up six points.

    its when you hear stories like this when you realise how broken our legal system truly is. so the police havent got the time or resource to stop violent crimes, patrol the streets, solve theft cases, but have the time to fine and prosecute people on technicalities?

    pathetic

    jonnithomas

    however, I think you may be lucky.using phone is a 3 point offence. you … however, I think you may be lucky.using phone is a 3 point offence. you lose your licence if in first two years and you clock up six points.



    ​as of 1st march its 6 points

    jonnithomas

    however, I think you may be lucky.using phone is a 3 point offence. you … however, I think you may be lucky.using phone is a 3 point offence. you lose your licence if in first two years and you clock up six points.


    6 points now. license will be revoked unfortunately

    I got 3 points parked in a Tesco car park - nose first with a wall in front so I couldn't drive anywhere. My phone started ringing as I pulled into the parking space - engine was running - I would have contested it but I was starting working in Jersey the following week and needed it to fly on (passport had expired) - nabbed on a Friday afternoon and had the points on my license and paid the fine by Monday Lunchtime and flew Tuesday

    LockyUK

    6 points now. license will be revoked unfortunately



    CU80 Breach of requirements as to control of the vehicle, such as using a mobile phone 3 - 6 points
    gov.uk/pen…nts

    I think it's down to the judge and circumstances.

    I think the suggestion now, is put your phone somewhere you cannot get hold of it, glovebox or boot or backseat.

    NO phone call is so important. Looking at a phone could put someone's life in danger.

    People have been ignoring the law about answering a phone while driving, so they had to increase penalties, hopefully the message will get across.

    adamspencer95

    its when you hear stories like this when you realise how broken our legal … its when you hear stories like this when you realise how broken our legal system truly is. so the police havent got the time or resource to stop violent crimes, patrol the streets, solve theft cases, but have the time to fine and prosecute people on technicalities?pathetic



    I know a lorry driver who was done for smoking in a public place. he was parked up, in bed in the cab and had his window open an inch. it was classed as a public place as he didn't own the cab. he now doesn't open the window and risks a fine rather than getting dressed and leaving the cab to get mugged.

    bubblegum2910

    I think the suggestion now, is put your phone somewhere you cannot get … I think the suggestion now, is put your phone somewhere you cannot get hold of it, glovebox or boot or backseat. NO phone call is so important. Looking at a phone could put someone's life in danger. People have been ignoring the law about answering a phone while driving, so they had to increase penalties, hopefully the message will get across.




    this is a message from the sanctimonious party

    You could try saying the car has stop/start and it just started itself or show them this video

    facebook.com/des…50/

    bubblegum2910

    I think the suggestion now, is put your phone somewhere you cannot get … I think the suggestion now, is put your phone somewhere you cannot get hold of it, glovebox or boot or backseat. NO phone call is so important. Looking at a phone could put someone's life in danger. People have been ignoring the law about answering a phone while driving, so they had to increase penalties, hopefully the message will get across.



    Yes because you will kill someone if you are using your phone when your handbrake is on. (saying with a sarcastic voice)

    friend of mine has photos of police officers holding phones to their ears in their own cars as they drove into where they start their shift , on the very day it was made illegal to hold a phone whilst driving , taken from a public place and on a public road , any suggestions what he should do with them anyone ?

    markvirgo

    Yes because you will kill someone if you are using your phone when your … Yes because you will kill someone if you are using your phone when your handbrake is on. (saying with a sarcastic voice)




    lolol

    jonnithomas

    CU80 Breach of requirements as to control of the vehicle, such as using … CU80 Breach of requirements as to control of the vehicle, such as using a mobile phone 3 - 6 pointshttps://www.gov.uk/penalty-points-endorsements/endorsement-codes-and-penalty-pointsI think it's down to the judge and circumstances.



    gocompare.com/pre…es/

    6 points from 1st March for all mobile phone related offenses under CU80.

    tomminator

    friend of mine has photos of police officers holding phones to their ears … friend of mine has photos of police officers holding phones to their ears in their own cars as they drove into where they start their shift , on the very day it was made illegal to hold a phone whilst driving , taken from a public place and on a public road , any suggestions what he should do with them anyone ?



    Straight to the daily mail?

    I think I must be eligible to be a member of the sanctimonious party. I put my bag in the boot, don't drink and I have no understanding of people who are umbilically attached to their phone.

    So would you still get points if you were using your phone (as satnav - e.g. checking traffic conditions ahead) whilst attached to the windscreen using a phone holder?

    adamspencer95

    its when you hear stories like this when you realise how broken our legal … its when you hear stories like this when you realise how broken our legal system truly is. so the police havent got the time or resource to stop violent crimes, patrol the streets, solve theft cases, but have the time to fine and prosecute people on technicalities?pathetic


    Technicality as long you or your loved one is not an innocent victim of an accident caused by some driver distracted by their mobile phone.

    TheRatedSeller

    So would you still get points if you were using your phone (as satnav - … So would you still get points if you were using your phone (as satnav - e.g. checking traffic conditions ahead) whilst attached to the windscreen using a phone holder?


    Yes, according to the Daily Mail

    TheRatedSeller

    So would you still get points if you were using your phone (as satnav - … So would you still get points if you were using your phone (as satnav - e.g. checking traffic conditions ahead) whilst attached to the windscreen using a phone holder?


    yep it is a distraction a young driver lost his licence under the new drivers act for using his satnav

    jonnithomas

    however, I think you may be lucky.using phone is a 3 point offence. you … however, I think you may be lucky.using phone is a 3 point offence. you lose your licence if in first two years and you clock up six points.



    Not anymore. It's increasing to 6 points.

    Heres some more info
    Can you use your mobile phone as a sat nav without breaking the law?
    Read more at nottinghampost.com/can…tml

    Haven't had it happen but yes if your engine is on they will pull you, 6 points £200 fine now, you can't even touch it to hands free call.

    OP go to court have your say, cop is being a **** but thats technically the letter of the law.

    I saw the "Designated Driver You’re twice as likely to crash text driving as drink driving" advert by the AA.

    I get the point they are trying to make with this advert but thinking about it, it then said to me that you should get a minimum 12 month ban for using your phone and driving, as thats the minimum for drink driving.

    tempt

    Technicality as long you or your loved one is not an innocent victim of … Technicality as long you or your loved one is not an innocent victim of an accident caused by some driver distracted by their mobile phone.



    ​i was more referring to the posts above where someone under the influence of alcohol sleeping in a car was convicted of drunk in charge of a vehicle etc.

    i completely agree those who are found drivingwhilst on the phone should be given no remorse as their actions could cost someone their life, but those who are stationary and are prosecuted on technicalities, thats where the issue is.

    adamspencer95

    ​http://www.gocompare.com/press-office/2017/02/mobile-driving-penalties/#ZL4EL1xPlO3zCe6R.976 points from 1st March for all mobile phone related offenses under CU80.



    ok so you would sooner go by gocompare than the gov website I quoted verbatim ??? mea culpa

    jonnithomas

    ok so you would sooner go by gocompare than the gov website I quoted … ok so you would sooner go by gocompare than the gov website I quoted verbatim ??? mea culpa



    ​okay here you go then

    gov.uk

    adamspencer95

    ​okay here you go thengov.uk




    do you understand what the word 'could' means ? I quoted the actual penalty and the possible points for it. it is 3 to 6 points as decided by the court.

    CU80 Breach of requirements as to control of the vehicle, such as using a mobile phone 3 - 6 points
    gov.uk/pen…nts

    jonnithomas

    CU80 Breach of requirements as to control of the vehicle, such as using a … CU80 Breach of requirements as to control of the vehicle, such as using a mobile phone 3 - 6 pointshttps://www.gov.uk/penalty-points-endorsements/endorsement-codes-and-penalty-points



    ​yes, which isnt specific to using a mobile phone, that covers a wide variety of offences, whereas mobile phone use specifically which is 6 points as in the link i provided. not up to 6 points. could in this instance meaning they may not always prosecute.
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