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Old August 3rd 10, 09:22 PM posted to uk.railway,uk.transport.london
Charles Ellson Charles Ellson is offline
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First recorded activity at LondonBanter: Sep 2004
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Default 'Ending' "the war on the motorist"

On Tue, 03 Aug 2010 16:56:31 +0100, Graeme
wrote:

In message
Clive wrote:

In message , Graeme
writes
You are wrong actually, driving while using a phone is actually a lot
more dangerous than simply speeding. Even using a handsfree kit is not
that effective in reducing the danger. The problem is that concentrating
on the phone call is a major distraction from paying attention to driving
conditions. Psychologically it is a lot different to just talking to
another person in the car with you.

It's possible that this law is not well respected because some officers
have been over aggressive and prosecuted drivers that have pulled over to
take a call at the side of the road safely.


You have to switch the engine off to be legal, that's the bit most people
forget.

AFAICT that is not a statutary requirement, merely an action which
provides more certainty in most cases WRT to whether or not the
telephone user is "driving" the vehicle for the purposes of
determining if there is a breach of s.41D Road Traffic Act 1988 :0

"Breach of requirements as to control of vehicle, mobile telephones
etc.

41D
A person who contravenes or fails to comply with a construction and
use requirement—
(a)
as to not driving a motor vehicle in a position which does not give
proper control or a full view of the road and traffic ahead, or not
causing or permitting the driving of a motor vehicle by another person
in such a position, or
(b)
as to not driving or supervising the driving of a motor vehicle while
using a hand-held mobile telephone or other hand-held interactive
communication device, or not causing or permitting the driving of a
motor vehicle by another person using such a telephone or other
device,

is guilty of an offence."

But I don't think that's the reason it gets ignored, most people still don't
seem to realise it is illegal or if they do they don't seem to think it
applies to them. There is still a hard core that can't be bothered to wear a
seatbelt and that's been a legal requirement for decades now.