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Legality of using a phone as a satnav?


2SkodaFamily

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This could well be sensationalist, scaremongery rubbish, but if true could be a problem - unless you are a SatNav manufacturer.

 

http://www.independent.co.uk/life-style/satnav-mobile-phone-drivers-illegal-police-fine-200-npc-bank-holiday-roads-gps-a7912191.html

 

I always thought the offence was completed by holding the phone, not touching it. Anything else which causes you to be distracted or impairs driving would surely be under Driving without Due Care and/or Not Proper Control?

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If the phone is set to the sat nav app and in a cradle it is not illegal. As for touching the phone while driving would be the same as touching a sat nav, or changing the radio station etc. I think that is a grey area, but if you pick the phone up and touch the screen you will be in trouble if caught. How about lighting a cigarette when driving? I think that is far more dangerous. Any activity that means you are not in full control of the car is a no no.  

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The law hasn't changed. They are just clarifying that if you hold your mobile in your hand to use it as a sat nav, it's still illegal just as it would be if you were using it as a phone. 

 

Pop up it on a holder and it's just fine to touch, but if it (or anything else) is distracting you then you can still be charged with DWDC&A. 

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Were there not cases of the police charing people for trivial things like drinking from a bottle while driving or eating.

 

http://www.mirror.co.uk/news/uk-news/motorist-slapped-criminal-conviction-eating-7209276

 

http://news.bbc.co.uk/1/hi/uk/774655.stm

 

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Even this -as far back as 2005.

https://www.theguardian.com/uk/2005/jan/25/ukcrime.martinwainwright

 

Now IF someone could catch PC PLOD eating porky scratchings at the wheel, what would the PC be charged with ?

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Apparently Thames Valley Police have stated paying via your mobile at a drive thru will land you in hot water as well. 

 

Whilst I get tackle this issue, personally I'd prefer things like the sky rocketing assaults and burglaries are targeted first. 

 

In some areas it's like living in a war zone at the moment. Round here the police are pumping out 20+ burglary updates per day! 

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On 29/08/2017 at 14:01, gadgetman said:

Apparently Thames Valley Police have stated paying via your mobile at a drive thru will land you in hot water as well. 

 

Whilst I get tackle this issue, personally I'd prefer things like the sky rocketing assaults and burglaries are targeted first. 

 

In some areas it's like living in a war zone at the moment. Round here the police are pumping out 20+ burglary updates per day! 

I agree. Mobile phone use while driving on the open road network is a different thing entirely to paying for McD's at the drive through. It IS a serious problem but high time some common sense was applied.

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On 8/29/2017 at 14:01, gadgetman said:

Apparently Thames Valley Police have stated paying via your mobile at a drive thru will land you in hot water as well. 

 

Whilst I get tackle this issue, personally I'd prefer things like the sky rocketing assaults and burglaries are targeted first. 

 

In some areas it's like living in a war zone at the moment. Round here the police are pumping out 20+ burglary updates per day! 

 

2 minutes ago, 2SkodaFamily said:

I agree. Mobile phone use while driving on the open road network is a different thing entirely to paying for McD's at the drive through. It IS a serious problem but high time some common sense was applied.

Oh yes, take this to its (il)logical conclusion and they could nick every driver who takes possession of food through a drive-thru window!

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From the different reports on this that I have read and seen banded about the web, the issue is because a stand alone sat nav is classed differently to a phone based sat nav, and apparently changing the route, even with the phone in a holder could potentially lead to a fine and points.

Best advice to follow is to set the route first, and then not touch the unit until you arrive - if it needs re programming whilst on route, stop and alter it - err on the side of caution, can't go wrong then.

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Again I thought it was actually not legal to poke and prod a sat nav when it's being used as a sat nav while you are moving or 'in control' of the vehicle.

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The offences themselves have not changed; its the guidance which has recently been released which is causing confusion. 

 

For the offence of using a mobile telephone whilst driving; the device must be being used during to the act of communication (Phone call, text message etc) 

 

DWDCA - covers everything else; including "touching" a sat nav whilst on the move.

 

Under the road traffic act; you are "in control" of the vehicle, when you have direct access to the propulsion of the vehicle, this INCLUDES the vehicle running with the handbrake set; as you still have the engine available. 

 

Easiest way to avoid any issues is to stop and shut off the engine. 

 

The overriding test will be regardless of the outcome was the act that of a motorist below that of a careful and competent motorist. 

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Correct; for the purposes of driving whilst using a mobile telephone; the act of communication must be proven (Held case, but can't remember the RV off the top of my head)

 

It coukd however fall into the realms of DWDCA, should you not be in control of the vehicle. 

 

In short - what you describe above would "technically" be an offence but it wouldn't be driving whilst using a mobile telephone for the reasons above,  and unless the action you described above inconvenienced another road user it would be very harsh! 

Edited by BearT
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From a manufacturer point of view; I believe the idea was to offer as little distraction to the driver as possible; needless to say the use of those systems doesn't make it "lawful" as such. 

 

Even the adjustment of the radio volume in the car could be classed as driving without due care; if it can be proven of course.  

 

For section 3 RTA 1988; all it states is that the driver was driving "without due care" so eating an apple etc "could" fall into this; again if it could be proven in a court of law. 

 

The actual application of that section would be down to whether or not it passes the threshold test; point of which would be to prove that the driving of the person concerned fell below that of a careful and competent motorist.

 

Each instance would have to be taken on its own merit I would think! 

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