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| lambert.the.farmer Member Since: 11 Apr 2012 Location: harrogate Posts: 2006   
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Hi. With the advent of the new "tougher " punishment for using a phone in the car I have been looking for the actual source act or amendment so as to get a handle on what is and isn't legal. I have given up on the gargler because it is simply giving hits on conjecture or worse media misinformation, that and it is making very little about hands free kits. I gather that hands free isn't a get out of gaol free card as there are various other offences that cover them like due care and attention etc. I know it's going to be like most other recent legislation, badly written and open to interpretation as well as being as dull as ditch water but if I know the actual piece of law that gives me a start.
Thanks in advance. Rhubarb and custard let fly with their secret weapon. |
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2nd Mar 2017 8:14pm |
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| Bluest Member Since: 23 Apr 2016 Location: Lancashire Posts: 4219  
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Is this any help? http://www.legislation.gov.uk/ukpga/1988/52/section/41D 2007 110 TDCi Station Wagon XS
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2nd Mar 2017 8:32pm |
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| lambert.the.farmer Member Since: 11 Apr 2012 Location: harrogate Posts: 2006
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Thank you, it is. The emphasis is on the device being hand held. Not mounted in a fixture. This is what I always understood as being the case. Unless there is anything that supercedes it? Rhubarb and custard let fly with their secret weapon.
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2nd Mar 2017 8:41pm |
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| Stacey007 Member Since: 25 Sep 2015 Location: Cheshire Posts: 3773
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I have to say and I'm sure others will agree...
Sitting high up in the defender I'm amazed at the amount of people not only that I spot on the phone but texting !! on the motorway. I'm tempted to get my car cam back in as apparently there is a website you can upload for the police to look at? I'm amazed the van drivers I see on them, its their job !! then the BM's Audi's Merc's etc.. using the phone...??? Even my wifes mini has Bluetooth and buttons on the wheel. Press one button to answer. To dial press one button and speak... Ring 'Home'... That's it. Std on almost all new cars now. |
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2nd Mar 2017 8:42pm |
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| ickle Member Since: 22 Jul 2010 Location: South Vendee Posts: 1791  
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So that covers CB's, walkie talkies etc?
Are the police and taxi drivers exempt then? |
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2nd Mar 2017 8:43pm |
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| Retroanaconda Member Since: 04 Jan 2012 Location: Scotland Posts: 2665 
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That's right, hand held is the key thing. It can be mounted on the dash in a cradle, and you can touch it, you just can't hold it.
The offence of driving with due care and attention could apply to anything; adjusting the radio, eating a mars bar, arguing with kids in the back etc. so it's a good catch all that can be used for people who aren't giving the road their attention for whatever reason. |
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2nd Mar 2017 8:44pm |
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| Bluest Member Since: 23 Apr 2016 Location: Lancashire Posts: 4219
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The Police are not exempt and there has been some trouble behind the scenes because they have been shown using them on the likes of Traffic Cops on the telly. 2007 110 TDCi Station Wagon XS
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2nd Mar 2017 8:45pm |
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| Retroanaconda Member Since: 04 Jan 2012 Location: Scotland Posts: 2665
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CB radios and Walkie talkies are exempt from the law, however if you're proven to have been distracted then you could still be prosecuted under 'due care' or dangerous driving offences etc.
In fact almost all two-way radios are exempt. |
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2nd Mar 2017 8:47pm |
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| lambert.the.farmer Member Since: 11 Apr 2012 Location: harrogate Posts: 2006
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I agree and generally I don't use mine but if it is not illegal to have and use a hands free kit then I reserve the right to do so where appropriate . Rhubarb and custard let fly with their secret weapon. |
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2nd Mar 2017 8:49pm |
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| ickle Member Since: 22 Jul 2010 Location: South Vendee Posts: 1791
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Definitely not a dig, but yes have seen that on the tv, plus Clarkson & co using walkie talkies on normal roads, in the past have had cb radios and have used the press to talk hand set, others have used fully hand held cb units on green lanes, still a road though.....
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2nd Mar 2017 8:49pm |
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| ickle Member Since: 22 Jul 2010 Location: South Vendee Posts: 1791
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Retro A - can you point me in the direction of the exemption? The link above states
as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device Or is this the fuddled grey area law referred earlier? |
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2nd Mar 2017 8:52pm |
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| Retroanaconda Member Since: 04 Jan 2012 Location: Scotland Posts: 2665
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2nd Mar 2017 8:54pm |
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| Retroanaconda Member Since: 04 Jan 2012 Location: Scotland Posts: 2665
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Actual legislation:
http://www.legislation.gov.uk/uksi/2003/26...view=plain |
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2nd Mar 2017 8:55pm |
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| ickle Member Since: 22 Jul 2010 Location: South Vendee Posts: 1791
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Thanks! That's makes sense - amazing though, (not that I've ever done it) but you can't supervise a learner and be on the phone, never knew that!
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2nd Mar 2017 9:02pm |
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