summons for driving and Mobile

[Chris1933]

Hi there,

A few months back i got pulled in London for driving whilst using the mobi.

 

The police officer was a decent bloke and after the checks etc.. he issued me with a form to sign and told me "it's 3 points and a fine, and don't forget to produce at your local nick" with that i was on my merry way.

 

needless to say, i completly forgot to produce and pay - until today that is!!!!

 

Along came a sumons to a magistrates court in a few weeks in the south:( sorry for being vague but with it still on going i think it best not to put all the specifics in.

 

Anyway, i'm just about to fill it in and was going to tick "guilty" accept my fine and points, pay up and move on.

 

But..... I was stationary at the time (stuck in a jam in London - very easy to substantiate:D) however my engine was on.

Is it for the police to prove i had ignition on or for me to prove it was off. I image this would be very difficult for them to prove even if they have CCTV in their car as i was stationary!

 

I'm not trying to play down the seriousness of driving and using a mobile - but i was sat there with handbrake on and clutch up and had been so for a few mins.

 

P.S if i plead guilty and save myself a trip down south what penalty do you think i'll get?

 

also, i have to submit my driving licence, no problem for the plastic bit but the paper counterpart was destroyed in a house fire a while back - if i show them evidence of the fire do you think they won't suspend my licence until the DVLA stop dragging there heals and send me a new one?

Edited December 3, 2008 by Chris1933
spelling

[crem]

Being stationary is no defence against the use of mobile charge AFAIK as you were in charge of the motor vehicle and it was not pulled over off the carrigeway for you to use the phone.

[Rooster-UK]

You have to be parked, not just stationary, with the engine turned off.

[Chris1933]

 

But..... I was stationary at the time (stuck in a jam in London - very easy to substantiate:D) however my engine was on.

 

I'm not trying to play down the seriousness of driving and using a mobile - but i was sat there with handbrake on and clutch up and had been so for a few mins.

 

 

Hi Crem & thank you for reply

 

I wasn't trying to imply that it was a defence nor reduce the seriousness.

 

However, it is a fact that if the engine isn't on then no offence is commited. I was questioning how easy would it be for the police to prove that my engine was on as i understand that just being stationary isn't a defence but putting things into perspective i wasn't a danger to any other road users so i am in two minds as to what to do.

Edited December 3, 2008 by Chris1933

[Chris1933]

Hello again Rooster

 

You slipped that one in as i was replying to other post:)

 

I know - but what if i was "letting engine cool down for a mo";)

[Rooster-UK]

But..... I was stationary at the time (stuck in a jam in London

Therefore you were not parked.

[Chris1933]

Hmmm - not really much of a defence then - bugger

 

Time to pay up and shut up i think:(

 

Thanks for help Rooster n Crem

 

Any thoughts on paper counterpart? or am i stuffed there as well - what a bloody day eh

[crem]

I hope I'm wrong, but I think failing to surrender your DL; both parts; is a seperate offence again, irelavent as to why you couldn't, so they might add another little fine onto you for that as well.

[sameagle]

Simply to humour me, would somebody care to "have a go" at defining the term "parked"?

 

Sam the Eagle

[crem]

I believe when they first introduced the "using a mobile" offence, anything that involved you sitting in the drivers seat would have qualified as being "the driver" at the time. i.e. to avoid the offence you would have had to park, and change seats away from the driver's seat to use the phone. I get the impression that either that sillyness was removed, or at least is not the way the police apply it. (I see enough police using it that way as well)

 

Parked for me would be pulled into a layby or to the kerbside in town with the engine turned off. i.e. somewhere where it is reasonable that you could step out of the car legally and leave it "parked".

[patdavies]

I hope I'm wrong, but I think failing to surrender your DL; both parts; is a seperate offence again, irelavent as to why you couldn't, so they might add another little fine onto you for that as well.

 

As you have a photocard licence, you can order (and pay for) a replacement on-line and have it in a 3 or 4 days.

[patdavies]

I believe when they first introduced the "using a mobile" offence, anything that involved you sitting in the drivers seat would have qualified as being "the driver" at the time. i.e. to avoid the offence you would have had to park, and change seats away from the driver's seat to use the phone. I get the impression that either that sillyness was removed, or at least is not the way the police apply it. (I see enough police using it that way as well)

 

Parked for me would be pulled into a layby or to the kerbside in town with the engine turned off. i.e. somewhere where it is reasonable that you could step out of the car legally and leave it "parked".

 

There is nothing in law about having the engine switched off; it is simply part of the definition put into police policy.

 

I for one, would not switch the engine off in current weather in order to keep the heater running (conversely on a hot day to keep the a/c running).

 

I am not aware that there was ever any definition that included the driver's seat. The reason being that the prohibition also applies to a passenger if acting to supervise a learner driver.

[Surfer01]

I normally pull off the road if safe to do so, but leave the engine running while taking a call. Every time you start a vehicle your battery gets a bit of a thrash plus your emmissions are initially slightly higher than average.

[green_and_mean]

I normally pull off the road if safe to do so, but leave the engine running while taking a call. Every time you start a vehicle your battery gets a bit of a thrash plus your emmissions are initially slightly higher than average.

 

Regulation 98 of the Road vehicles construction and use regs 1986 makes it an offence to run the engine whilst parked without good reason so you could get fined twice!

[Surfer01]

Answer;

1) When hot need air con

2) When cold need heater

3) Switching off and re-starting causes more pollution

4) Like listening to sound of a big six ticking over

[Chris1933]

As you have a photocard licence, you can order (and pay for) a replacement on-line and have it in a 3 or 4 days.

 

Thanks Patdavies,

 

Done it today and it was £17.50, like you say should have it soon, DVLA state they will ship within 48 hours.

 

Summons is on 15th, gonna plead quilty by post. Reading the above it's clear that it's not quite that black and white, but i havn't the time or the money to challange it with arguing semantics.

 

Gonna write a very polite letter with it and see if that helps - doubt it though.

 

Is it a gauranteed fine and points or is it at the magistrates discretion?

[Chris1933]

 

Parked for me would be pulled into a layby or to the kerbside in town with the engine turned off. i.e. somewhere where it is reasonable that you could step out of the car legally and leave it "parked".

 

London is 1 big carpark:D

[scaniaman]

Chris1933, why are so many people useing hand held mobile phones? I got a hands free kit in filling station for under a fiver and it works great. Just press green button on phone to answer incomming call. Always pull off road in odd occasion of outgoing call.

[Chris1933]

Chris1933, why are so many people useing hand held mobile phones? I got a hands free kit in filling station for under a fiver and it works great. Just press green button on phone to answer incomming call. Always pull off road in odd occasion of outgoing call.

 

Hi scaniaman,

 

Can't speak for anyone else, but for me i simply just don't answer when i'm "driving" - It's one of the reasons i love driving, i get some peace and quiet and its one of the very few times i can be in a world of my own. i can drive from leeds to london on autopilot:)

 

The day i got pulled however, i wasn't moving and it was a personal call so i took it - wish i hadn't now though:D

[scaniaman]

Chris--Sound like a man after my own heart, love driving as a form of self expression. Unfortunately, up here in Scotland we mostly have farm tracks, which don't lend themselves to "Drivers", especially when they are overcrowded. Seems like years since I had a good burn up on the M6.

Mobile phonecalls are not so bad, but i would permanently revoke a persons license who was doing this text thing--that is really criminal. Best of luck.