Driving while usiong mobile phone

General cycling advice ( NOT technical ! )
QUIST
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Joined: 6 Aug 2010, 1:43pm

Driving while usiong mobile phone

Post by QUIST »

Are our friends the boys in blue obliged to investigate these or is proof neesws FTER WITNESSED BY MY SELF (sorry) as they declined to do so as I had no proof?

Thanks in advance
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[XAP]Bob
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Joined: 26 Sep 2008, 4:12pm

Re: Driving while usiong mobile phone

Post by [XAP]Bob »

The boys in blue don't care about phone usage outside of a few well publicised events, and fatal (to a motorist) collisions.

</cynic>
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tatanab
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Re: Driving while usiong mobile phone

Post by tatanab »

It is just hearsay. Limited resources. You would not want them to investigate every time somebody makes an unsubstantiated complaint. e.g Police knock on your door because somebody says they saw you cycling on the pavement.
beardy
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Re: Driving while usiong mobile phone

Post by beardy »

You would not want them to investigate every time somebody makes an unsubstantiated complaint.


It is only unsubstantiated because they dont bother investigating it, the evidence is there it just needs some expenditure to find it. A problem is that with a crime that is so commonplace if you let individual members of the public decide who gets prosecuted the administration of justice would be far from fair.
fastpedaller
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Re: Driving while usiong mobile phone

Post by fastpedaller »

Even if you film it the Police aren't interested.
Psamathe
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Re: Driving while usiong mobile phone

Post by Psamathe »

beardy wrote:
You would not want them to investigate every time somebody makes an unsubstantiated complaint.


It is only unsubstantiated because they dont bother investigating it, the evidence is there it just needs some expenditure to find it. A problem is that with a crime that is so commonplace if you let individual members of the public decide who gets prosecuted the administration of justice would be far from fair.

Trouble is, when the ask the driver (s)he would deny it and do the "what on earth is this guy talking about" and that would end-up your word against their's. Even if you had a date/time and the mobile carrier logs were checked, it does not prove that it was not hands-free, or that a passenger was making the call or that the driver stopped to dial then drove on hands free, etc.

I do think it a serious offence, but without at least some firm evidence it would come down to your word against theirs.

Ian
irc
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Re: Driving while usiong mobile phone

Post by irc »

[XAP]Bob wrote:The boys in blue don't care about phone usage outside of a few well publicised events, and fatal (to a motorist) collisions.

</cynic>


Well it depends where you are. Mobile phone charges up 16% in Scotland.

http://www.telegraph.co.uk/news/uknews/ ... ivers.html

I regularly see roadside spot checks in Glasgow where any drivers using phones or not using seat belts are pulled over and charged.

As for 3rd party reports to the police? The issue is the time taken to investigate. Two cops on a roadside check can issue a ticket in a few minutes. Following up a 3rd party report involves tracing the reg keeper, probably with a visit to his home which could be anywhere in the UK. So more than one police force could be involved. Then the reg keeper may not be the driver. Then even if the phone user is filmed can it be seen he is using the phone? Merely holding a phone isn't an offence. For possible problems see

http://www.express.co.uk/news/uk/42511/ ... le-driving

It is a far better use of police time to charge 20 drivers or more with phone use in a roadside check than to use the same time to charge one driver following a 3rd party report.
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Redvee
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Re: Driving while usiong mobile phone

Post by Redvee »

fastpedaller wrote:Even if you film it the Police aren't interested.


+1, reported several to the local plod online with video footage with no follow up. I even reported a local hotspot where 1/4 cars has a mobile in hand whilst sat in a traffic queue but no feedback.
tim-b
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Joined: 10 Oct 2009, 8:20am

Re: Driving while usiong mobile phone

Post by tim-b »

Hi

Yes, police are obliged to investigate and mobile phones are one of the Fatal Four

UK forces are part of TISPOL, a Europe-wide traffic policing organisation "to improve road safety and law enforcement on the roads of Europe."

It may be that your evidence doesn't have a realistic prospect of a prosecution for the reasons given above, in which case discretion will be exercised. I don't work in policing but I'd be surprised if your video evidence wasn't acceptable and I'd be sharing my concerns with the local Police Professional Standards Department

Regards
tim-b
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Manc33
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Re: Driving while usiong mobile phone

Post by Manc33 »

You'd need a photo of the guy on his phone with his number plate in view.
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fastpedaller
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Location: Norfolk

Re: Driving while usiong mobile phone

Post by fastpedaller »

Whilst sat waiting in my vehicle at a large junction recently I looked around to find to my astonishment I was the only one not preoccupied with a mobile phone! Quite astonishing.
As one of the comedians stated recently "how much time do we all waste? checking the inbox for emails is like opening the front door to see if anyone's there" :lol: :lol:
hexhome
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Location: Hexham, Northumberland

Re: Driving while usiong mobile phone

Post by hexhome »

Problem is.... Oh sorry, lights have changed....
thirdcrank
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Re: Driving while usiong mobile phone

Post by thirdcrank »

tim-b wrote: ... Yes, police are obliged to investigate ...


Can you point to the specific bit of your link which says that the police must investigate reports of this offence?

I'd have jumped to the conclusion that this from the same document said the opposite:

This Code sets out the principles which guide police officers’ conduct. It does not seek to restrict officers’ discretion:
irc
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Location: glasgow

Re: Driving while usiong mobile phone

Post by irc »

Slightly related is this blog post where a cyclists's headcam video was used by the police. The driver plead not guilty and a trial date was set. With the cyclist, another witness, and the police ready to give evidence the case was dropped for a "procedural issue". Anyone reporting RA offences to the police supported by video evidence has to be prepared to go to court, possibly several times, and even then there is no certainty that a driver will be convicted. For me life is too short to spend my spare time sitting about witness rooms for drivers on phones. I don't do it myself, I hate seeing it being done but I'm happy to leave the police to catch drivers.

What's needed IMO is stiffer penalties. Using a mobile is as dangerous as driving at the legal drink drive limit but one gets 3pts and the other a ban.

http://www.magnatom.net/2015/04/the-law-is-ass.html
Manc33
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Re: Driving while usiong mobile phone

Post by Manc33 »

If I was a cop and anyone reported anything to me, the first thing I would consider is "Has any harm or loss occurred?"

Its no use saying it "might" because the law doesn't work off "might". The moon might be made of cheese etc. Where does it end. You can't leave it down to individuals own interpretation hence why everything is covered with the "harm or loss" rule.

Things like this (guy on a mobile in his car) fall under Statute Law which is a collection of policies as opposed to being actual law, that's Common Law, where a "crime" takes place. Thing is someone has to be caused harm or loss for it to even constitute a crime, how many people know this stuff when they get pulled over. :roll:

I am at odds with the notion that you could be charged for "not" doing something. Neglecting your own children by "not" feeding them, OK there's one, but they are few and far between. Think, if it involves you getting done for NOT doing something, you're just being conned into paying a fine I think, you can't work off "not" because it cannot work. There's endless billions of things someone might "not" do! The whole thing (Statute Law) is held together by people's acquiescence and nothing more. It requires the consent of the governed but people choose to ignore this and go along to get along.

In actuality Statute Law is a crafty sales pitch using legalese to make you think you have to consent to it, when it is always your choice whether or not to. Take one Ben Linus, multiply by thousands and voila, you have the legal system. Well there's legal and lawful and there is a stark contrast between them. "Lawful" protects people from being harmed or robbed, legal covers every little thing they can fine you for and get away with it by making you think you need to do it. For example in legalese the word "MUST" means "may".

Simply asking a cop if he is acting under oath, or to quote you the law, stumps them. Become your own legal adviser. Realize there's a dual system happening and a scam going on.
We'll always be together, together on electric bikes.
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