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Legal to drive with mobile phone on handsfree?

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  #1  
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Jonno
 
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Default Legal to drive with mobile phone on handsfree? - 02-20-2007 , 04:06 PM






QUESTION: Is it legal to drive a car while using a mobile phone if the
handset is held in a cradle on the dashboard and I am using a handsfree?

-----

Am assuming no voice-activated calls: I would have to press the buttons
on the handset to make a call.

I remember a law was passed a few years ago about not driving while
holding a mobile. And then ISTR it was amended and I beleive it is
being changed again at the end of Feb.

-----

In case there's any confusion on account of PHF, Bluetooth, car kits,
etc .... by "handsfree" I mean a wire from the phone to an earpiece and
which looks something like this: http://tinyurl.com/3x57k5


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  #2  
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Tony
 
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Default Re: Legal to drive with mobile phone on handsfree? - 02-20-2007 , 04:21 PM







"Jonno" <jonno (AT) nomail (DOT) com> wrote

Quote:
QUESTION: Is it legal to drive a car while using a mobile phone if the
handset is held in a cradle on the dashboard and I am using a handsfree?

-----

Am assuming no voice-activated calls: I would have to press the buttons
on the handset to make a call.

I remember a law was passed a few years ago about not driving while
holding a mobile. And then ISTR it was amended and I beleive it is
being changed again at the end of Feb.

-----

In case there's any confusion on account of PHF, Bluetooth, car kits,
etc .... by "handsfree" I mean a wire from the phone to an earpiece and
which looks something like this: http://tinyurl.com/3x57k5

Why wouldn't it be - it's no different to speaking to people in the car!
Operating the buttons on the phone meaning you have to take your eyes off
the road - as you do for tuning some radios or selecting a cd track - might
not be acceptable. Most people I know can use a radio or phone and drive.
It's only the daft woman type that can't do too many things at once and use
it as an excuse - people like that can't drive anyway.




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  #3  
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R. Mark Clayton
 
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Default Re: Legal to drive with mobile phone on handsfree? - 02-20-2007 , 04:39 PM




"Jonno" <jonno (AT) nomail (DOT) com> wrote

Quote:
QUESTION: Is it legal to drive a car while using a mobile phone if the
handset is held in a cradle on the dashboard and I am using a handsfree?

-----

Am assuming no voice-activated calls: I would have to press the buttons
on the handset to make a call.
My old phone would automaticaly answer calls with a headset plugged in.
This would be OK under the new law. But it would not originate without
pressing at least one button (to initiate the voice ativated dial), so
didn't quite. I rarely want to do this and then usually because of being
stuck in traffic.

My new car has a phone wired in so I just press a button on the streering
wheel to answer and similarly can initiate calls without taking my hands off
the wheel.

Quote:
I remember a law was passed a few years ago about not driving while
holding a mobile. And then ISTR it was amended and I beleive it is
being changed again at the end of Feb.
It is only the penalty that changes (3 points as well).

Quote:
Of course the plods are allowed to use two way radios in the car (where you
have to push to talk each time) even when it is not an emergency, so it is
literally one rule for them and another for the rest of us.

The average TC will not like being reminded about [t]his hypocracy, and may
decide to ticket you for something else as well if you do.




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  #4  
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TFP
 
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Default Re: Legal to drive with mobile phone on handsfree? - 02-20-2007 , 05:33 PM




Quote:
Of course the plods are allowed to use two way radios in the car (where
you have to push to talk each time) even when it is not an emergency, so
it is literally one rule for them and another for the rest of us.

The average TC will not like being reminded about [t]his hypocracy, and
may decide to ticket you for something else as well if you do.

Anyone can use 2 way radio. However, the new generation of Police "Airwave"
radios, such as this Motorola MTH 800:
http://www.motorola.com/governmentan..._1422i/id_530i

have mobile phone functions (voice, data & SMS) as well as 2 way radio, and
so can only be used with a car kit.

Which is not only fair, but also eminently sensible. I lose count of the
number of to$$ers I see every day in 20k cars who can't afford 80 quid for a
proper kit. 3 points per infringement couldn't have come soon enough. 4
strikes and you're banned. Excellent!

Though I'd agree that even a fine and a driving ban are better than being a
complete to$$er with a Bluetooth set on your ear.........

(And yes, I use fitted kits for both my MTH800 and my w810i)

Mind how you go.............




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  #5  
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Nick Finnigan
 
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Default Re: Legal to drive with mobile phone on handsfree? - 02-20-2007 , 05:58 PM



Jonno wrote:
Quote:
QUESTION: Is it legal to drive a car while using a mobile phone if the
handset is held in a cradle on the dashboard and I am using a handsfree?

-----

Am assuming no voice-activated calls: I would have to press the buttons
on the handset to make a call.
Pressing buttons is fine, as long as the phone is not being held (by a
person, held in a cradle is legal).


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  #6  
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Jon
 
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Default Re: Legal to drive with mobile phone on handsfree? - 02-21-2007 , 02:39 AM



jonno (AT) nomail (DOT) com declared for all the world to hear...
Quote:
QUESTION: Is it legal to drive a car while using a mobile phone if the
handset is held in a cradle on the dashboard and I am using a handsfree?
Yes. And no touching the device to initiate a call.

Quote:
Am assuming no voice-activated calls: I would have to press the buttons
on the handset to make a call.
You'd be very hard done by to get caught doing that.

Quote:
I remember a law was passed a few years ago about not driving while
holding a mobile. And then ISTR it was amended and I beleive it is
being changed again at the end of Feb.
To introduce stiffer penalties.

Quote:
In case there's any confusion on account of PHF, Bluetooth, car kits,
etc .... by "handsfree" I mean a wire from the phone to an earpiece and
which looks something like this: http://tinyurl.com/3x57k5
My understanding is that as long as the phone is securely mounted and
you dont have to touch it, you're OK.
--
Regards
Jon


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  #7  
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Pete Fotheringham
 
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Default Re: Legal to drive with mobile phone on handsfree? - 02-21-2007 , 04:07 AM



On 20 Feb, 21:06, Jonno <j... (AT) nomail (DOT) com> wrote:
Quote:
QUESTION: Is it legal to drive a car while using a mobile phone if the
handset is held in a cradle on the dashboard and I am using a handsfree?

I received the following advice in an email from a manufacturer of
mobile devices, so they should have a good idea what they are talking
about:

Mobile Phones - new penalties

Introduction

All drivers should be aware of forthcoming changes to the law
contained in the Road Safety Act 2006 (the Act) which seeks to
introduce a wide range of measures aimed at helping to reduce the
number of road casualties. As from 27 February 2007 the Act will
impose tougher penalties on the use of mobile telephones whilst in
control of a vehicle.

The main provisions to be aware of are:

Hand Held Phones

Under the Act the use of a hand held phone whilst driving becomes an
endorseable offence with the £30 penalty introduced in 2003 replaced
by three points added to a driving licence coupled with a fine of £60.
If the matter is contested at trial, the judge has the power to
disqualify the motorist and impose a maximum fine of £1,000, or £2,500
in the case of the driver of a bus, coach or goods vehicle.

Hand Free Phones

The new offences include not having 'proper control' of a vehicle,
which means a driver can be prosecuted if he or she is distracted
while using a hands free mobile phone kit. The same penalties will
apply and this becomes an endorseable offence attracting three penalty
points. It should be remembered that the police now routinely obtain
phone records of drivers involved in serious or fatal accidents.

Employer's Liability

It is an offence to cause or permit either the use of a hand held
phone, or driving without control. Employers should ensure that their
employees are aware of the risks of using mobile phones while driving
and the potential criminal liability. They should ensure that they
have a policy for the use of mobile phones in cars and reconsider any
policies permitting the use of hands free phones by their employees.
The safest telephone usage policy would be to prohibit the use a phone
while driving, avoiding the risk of a health and safety prosecution.
Breach of company policy should be a disciplinary offence and
employers should ensure not only that company policy is being applied,
but also that their employees are aware of the consequences of failure
to do so.

So it would seem that the answer to your question is, "yes it is legal
so long as you are not distracted while using it".

Please note that I am not a lawyer, and am only passing on information
that was passed to me. I hope it is of use.

Regards

Pete Fotheringham



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  #8  
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Gordon Hudson
 
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Default Re: Legal to drive with mobile phone on handsfree? - 02-21-2007 , 05:33 AM




"Pete Fotheringham" <pete.fotheringham (AT) gmail (DOT) com> wrote


Quote:
It should be remembered that the police now routinely obtain
phone records of drivers involved in serious or fatal accidents.
How would they do that?
They would need to know the number of the phone and if there is no phone in
the car they can't look it up.

Mind you, the police can practically take your licence off you for one minor
stop.

For example, if I got stopped for speeding today I could get three points
for speeding and three points for each illegal number plate (not displaying
the manufacturers post code) which is a total of nine points. I also have a
faulty rear number plate lamp (its a wiring fault not the bulb). I don't
know if thats worth another three points but you can see my point....




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  #9  
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R. Mark Clayton
 
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Default Re: Legal to drive with mobile phone on handsfree? - 02-21-2007 , 07:26 AM




"Jon" <spam (AT) jonparker (DOT) plus.com> wrote

Quote:
jonno (AT) nomail (DOT) com declared for all the world to hear...
QUESTION: Is it legal to drive a car while using a mobile phone if the
handset is held in a cradle on the dashboard and I am using a handsfree?

Yes. And no touching the device to initiate a call.

Am assuming no voice-activated calls: I would have to press the buttons
on the handset to make a call.

You'd be very hard done by to get caught doing that.

I remember a law was passed a few years ago about not driving while
holding a mobile. And then ISTR it was amended and I beleive it is
being changed again at the end of Feb.

To introduce stiffer penalties.

In case there's any confusion on account of PHF, Bluetooth, car kits,
etc .... by "handsfree" I mean a wire from the phone to an earpiece and
which looks something like this: http://tinyurl.com/3x57k5

My understanding is that as long as the phone is securely mounted and
you dont have to touch it, you're OK.
--
Regards
Jon
I think you have to hold the phone (see s.26), so if you have it in a cradle
and press buttons that should be OK.




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  #10  
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vulgarandmischevious
 
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Default Re: Legal to drive with mobile phone on handsfree? - 02-21-2007 , 07:27 AM



Jonno wrote:

Quote:
QUESTION: Is it legal to drive a car while using a mobile phone if the
handset is held in a cradle on the dashboard and I am using a handsfree?
I've told this in Another Place, but while at home over Christmas, I got
stopped when I was at home, for using a mobile phone while driving.

<c+p>
Copper: "I stopped you because it's illegal to use a phone while
driving:
Me: "Sorry, I forgot: it's not illegal where I live"
Cooper: "Where do you live?"
Me in white-lie mode: "Baghdad".
Copper: "ok. well, it's very dangerous to use a mobile phone while
driving..."
Me: "Umm... don't talk to me about danger, mate, given where I live"
</c+p>

I don't really live there, I just visit from time to time.


--
vulgarandmischevious


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