New Mobile Phone Penalties Affect SatNav Use Too

[sussamb]

[mistersaxon]

[MaFt]

[Kritou]

And if I may be an advocate for the Devil's very own advocate ...... all GPS devices receive data!

[MaFt]

If this is the legal definition of a handheld device: Handheld device – 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".

then a phone in a mount won't be an issue - touching a button on the screen doesn't require it to be 'held', it's in a mount afterall. Essentially it's a hand movement akin to changing radio stations etc.

Nitpicking, I know, but surely this is the sort of thing that would end up dragging out for months in court as the general argument against such a prosecution would be that it wasn't "hand held".

"If you are using your phone in satnav mode then you should have it in a fixed holder and may not interact with it at all"
I think, like most legal-based forum discussion, we need to see the actual legislation and get some proper legal bods to comment...

Until then, take it easy and try not to touch your bits while anyone's watching

[Tatsfield]

So my Volvo has sat nav controls on the steering wheel so that I can operate it without removing my hands from the wheel. The screen is not touch sensitive. Is it legal to operate the system while driving? That is not to be confused with whether it is wise from a safety point of view as it requires taking the eyes off the road to verify that the commands given from the steering wheel controls have been accepted into the sat nav system. Frankly I cannot see how anyone can know if the sat nav is being personally operated or not. I leave it on
all the time to use the Pocket GPS World speed camera database so the thing is running anyway. The law has good intent but it has difficulty in keeping up with the advances in technology which is going to leave grey areas and loopholes. Responsible drivers will avoid looking for these as they are going to degrade safety not improve it.

My sat nav also has voice command capabilities but these are so erratic and require so much reference to the screen that they are positively dangerous to use when driving and when stationary the thumb controls on the wheel are faster and more reliable!
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Volvo SENSUS, TomTom Go 300 and TomTom Start 25

[Tobas]

The government's advice: http://think.direct.gov.uk/mobile-phones.html

"It is not illegal to use hands free, but any time a driver’s attention is not on the road can be dangerous."

[sussamb]

[sussamb]

[MrGumby]

Never mind the law - we all know, if we care to admit it, that we're easily distracted from driving. So just don't do anything that takes your attention away from the road, regardless of whether it's legal.

My car has Bluetooth built in, also voice control. I can leave my phone in my pocket or its holder, untouched, and make calls using voice commands, answer them with a button on the steering wheel.

But I'm only too aware that, during a call, I tend to drive robotically. I stop looking ahead, don't monitor my mirrors properly, etc. That's dangerous, so I don't use my phone in the car at all. My contacts are aware of that and know they'll have to wait until I stop before I respond to messages.

It wasn't so long ago that no one had a phone in their car and we all managed perfectly well.

[sussamb]

[sussamb]

For those who want the law:

Mobile telephones

110. (1) No person shall drive a motor vehicle on a road if he is using

(a) a hand-held mobile telephone; or

(b) a hand-held device of a kind specified in paragraph (4).

(2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using

(a) a hand-held mobile telephone; or

(b) a hand-held device of a kind specified in paragraph (4).

(3) No person shall supervise a holder of a provisional licence if the person supervising is using

(a) a hand-held mobile telephone; or

(b) a hand-held device of a kind specified in paragraph (4), at a time when the provisional licence holder is driving a motor vehicle on a road.

(4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.

(5) A person does not contravene a provision of this regulation if, at the time of the alleged contravention

(a) he is using the telephone or other device to call the police, fire, ambulance or other emergency service on 112 or 999;

(b) he is acting in response to a genuine emergency; and

(c) it is unsafe or impracticable for him to cease driving in order to make the call (or, in the case of an alleged contravention of paragraph (3)(b), for the provisional licence holder to cease driving while the call was being made).

(6) For the purposes of this regulation

(a) a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;

(b) a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence);

(c) “interactive communication function” includes the following:

(i) sending or receiving oral or written messages;

(ii) sending or receiving facsimile documents;

(iii) sending or receiving still or moving images; and

(iv) providing access to the internet;

(d) “two-way radio” means any wireless telegraphy apparatus which is designed or adapted

(i) for the purpose of transmitting and receiving spoken messages; and

(ii) to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz; and

(e) “wireless telegraphy” has the same meaning as in section 19(1) of the Wireless Telegraphy Act 1949(3).”

A device is deemed to be hand-held if it is actually held or must be held at some point during the course of performing an interactive function. This concept includes making or receiving a call, sending or receiving a text, surfing the internet etc.
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Where there's a will ... there's a way.

[mistersaxon]

6.c.1 would include receiving traffic alerts, regardless of whether any such data were sent from the device so even TMC alerts would be against the rules.

Mind you, by the same definition getting traffic alerts from the radio would also count since you could call the radio station to report a traffic problem (and most stations request you to do so "providing it's safe and legal") so their traffic reports are "interactive".
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<br>
Rich.
Kit: TomTom iPhone WEurope on iPhone6s+ / iPad Pro
w/ Interphone BT headset on a Honda Blackbird (should change this really - the bike, not the headset)

[sussamb]

Again, you're taking a point in isolation ... This is about hand held devices
_________________
Where there's a will ... there's a way.

[mistersaxon]

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