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Ticket from Cycle cop ....


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Hello,

 

A friend has asked me about the following:

 

She recently received a ticket for using a mobile phone whilst driving however there are a couple of factors that she is not happy with:

 

Firstly, she pulled over in a nearby space to answer the call, and thats when the officer spoke to her and gave her a ticket (he was on a bicycle).

 

Secondly, the time on the ticket states it was half past 5 in the evening when she received the ticket, however, this is the incorrect time, it was half 6 she pulled over and answered her phone.

 

Any idea's should she refute or not ?

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If phone was answered whilst engine was running then

your friend was still in charge of a motor vehicle whilst

using a mobile phone.

 

A FPN will need to be challenged at Magistrates Court

where the penalty and points can be increased.

 

Good luck.

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Ok just found the following:

 

Q, Is it an offence, punishable by a fixed penalty ticket, to use a mobile phone whilst a vehicle is stationary in a lay-by or at the side of the road with the engine running?

 

A, It is indeed an offence to use a mobile phone whilst a vehicle is stationary in a lay-by or at the side of the road with the engine running, and the important point to note here is 'with the engine running'.

Many people think that 'driving' refers to actually moving along the road in your car - and in most instances, this is the case. However, if you are sat in the driver's seat of a vehicle with the engine running, then you are technically in charge of that vehicle, so the penalties that apply to using a hand held mobile device while 'driving', do apply to you.

This means that even if you are sat in a lay-by, away from the main flow of traffic and you use a hand held mobile, then you open yourself up to prosecution.

 

What about the second part ... the time delay ???

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Time slip is basically irrelevant.

 

An FPN is merely an offer to deal with the matter without going to court. If you elect for Court, then the FPN becomes scrap paper and a summons issued - which gives them a chance to get the time right. Even if they don't correct it on the summons, the slip rule will allow them to correct it in Court

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Watched one very similar a while ago, guy suddenly pulls in a bus stop clearway to answer a call and left his engine running. Police on foot (I know they're a rare thing nowadays) gave FPN for using Mobile Phone and a CEO wrote a PCN at the same time for stopping in a Bus Stop Clearway.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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A FPN will need to be challenged at Magistrates Court

where the penalty and points can be increased.

 

The points can't be increased - it's 3 points for a mobile phone offence whether it's a fixed penalty or at court. (Theoretically the magistrates could ban her instead of imposing 3 points, but that is very unlikely).

 

The fine will be higher in court however, as you say, and a mistake on the FPN will be irrelevant

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This is ridiculous. Surely the "no mobile phone" law was brought in because driving whilst on the phone means you aren't able to pay full attention to the road. It strikes me as abusive of the legislation to apply it in this way. Is it actually written in law that the mobile phone ban applies to stationary vehicles?

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Not specifically - the law makes it an offence to use a hand held communication device while "driving", and the courts have interpreted (in relation to this law and many others) "driving" to include sitting in a stationary car with the engine running.

 

It makes a certain amount of sense applied to, eg, using a phone while sitting at traffic lights or in a queue, as you won't be in control of the vehicle should traffic start moving again, but I agree that to apply it to someone who is essentially parked is just plain petty. Unfortunatly this doesn't provide a defence.

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Not specifically - the law makes it an offence to use a hand held communication device while "driving", and the courts have interpreted (in relation to this law and many others) "driving" to include sitting in a stationary car with the engine running.

 

It makes a certain amount of sense applied to, eg, using a phone while sitting at traffic lights or in a queue, as you won't be in control of the vehicle should traffic start moving again, but I agree that to apply it to someone who is essentially parked is just plain petty. Unfortunatly this doesn't provide a defence.

 

Exactly! If stationary was a defence then people chatting whilst in traffic would start claiming they only answered the phone because they were at traffic lights or in a stationary queue of traffic even though it was the outside lane of the M25. People coped for years without using a phone in the car a few minutes to pull over and turn off the engine is hardly a huge inconvenience.

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