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When is a Phone is Not a Phone in your XJS?

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Old 12-05-2016, 03:01 PM
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Default When is a Phone is Not a Phone in your XJS?

Hi Guys

This 'may' be more applicable to Mobile/Cell Phone users in the UK

First there has been a Crackdown on People using their Mobile Phones when driving because it is distracting (which is something that I am also in favor of)

But there seem to be a number of 'Grey Areas' in which you may find you have been unwittingly caught out.

Does anyone know if its Legal or illegal to do any of the following.

(1) Use your Phone as a Sat Nav

(2) Use your Phone to Play Music ie MP3 (Which may have Track Cover Photos or moving visualizations)

Where your Phone may be Visible in a Mobile Phone Holder and give the impression that you are using it when you are not.

(3) Answer a Hands Free Call
 
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Old 12-05-2016, 03:11 PM
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I think it's clear here https://www.gov.uk/using-mobile-phon...riving-the-law

IMHO 1 & 2 are clearly illegal and 3 would be illegal if it could be proved that you were distracted.
 
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Old 12-05-2016, 03:36 PM
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Originally Posted by Norri
I think it's clear here https://www.gov.uk/using-mobile-phon...riving-the-law

IMHO 1 & 2 are clearly illegal and 3 would be illegal if it could be proved that you were distracted.
Hi Norri

While I get where you're going with that, then surely that would make all Sat Navs illegal?
 
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Old 12-05-2016, 04:11 PM
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I am not a lawyer,
however my interpretation of government guidance linked to would be that the key factors are holding the phone or otherwise being distracted by it.

so for example pressing buttons on screen of either phone or Sat nav whilst driving, including stopped at traffic lights or in queues would be illegal.
but using sat nav or phone pre programmed with destination before driving and listening to voice directions should be OK, but staring at screen would I suspect be more likely to be interpreted as being distracted and hence illegal.

having said that there have been studies that strongly suggest that holding a phone conversation using a hands free phone can lead drivers to be distracted by the call.
 
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Old 12-05-2016, 04:25 PM
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Originally Posted by orangeblossom
Hi Norri

While I get where you're going with that, then surely that would make all Sat Navs illegal?
That's how I understand it, if you are distracted from driving by the sat nav you can fall foul of the law. pretty much what Paul said.
 
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Old 12-05-2016, 09:11 PM
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Originally Posted by Paul_59
having said that there have been studies that strongly suggest that holding a phone conversation using a hands free phone can lead drivers to be distracted by the call.
Agreed. The last company I was at had a policy that if you were driving, you couldn't touch your phone.

The railroads here have a policy that all personal mobile phones must be turned off while in the cab of a locomotive.
 
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Old 12-06-2016, 05:32 AM
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You might be interested to note that here in Japan, while it's illegal to use your phone while driving (unless it's hands-free), it's perfectly legal to **Watch Television** while driving.
 
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Old 12-06-2016, 06:30 AM
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Germany is about to ban the use (touching) of satnavs whilst driving... Mobile phones are banned, not even allowed to touch one. MP3 players are on the list too...
 
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Old 12-06-2016, 10:48 AM
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Originally Posted by Some Day, Some Day
You might be interested to note that here in Japan, while it's illegal to use your phone while driving (unless it's hands-free), it's perfectly legal to **Watch Television** while driving.
Hi Someday

So you could cause a Car Crash and then ten minutes later watch the News to see what happened.
 
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Old 12-06-2016, 04:50 PM
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Hi Paul 59

Its not exactly very clear, how anyone can possibly tell if you're distracted or not.
 
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Old 12-06-2016, 04:52 PM
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Hi Daim

That's why I'm fitting a Stereo, hopefully this week and I don't think you're even allowed to chew a Chocolate Bar.

So not much point in buying any Daims
 
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Old 12-06-2016, 04:54 PM
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Originally Posted by Jagboi64
Agreed. The last company I was at had a policy that if you were driving, you couldn't touch your phone.

The railroads here have a policy that all personal mobile phones must be turned off while in the cab of a locomotive.
The list of what you're allowed to do seems to be getting smaller all the time.
 
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Old 12-06-2016, 04:56 PM
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Originally Posted by Norri
That's how I understand it, if you are distracted from driving by the sat nav you can fall foul of the law. pretty much what Paul said.
But how do they know you're distracted?

Its more distracting getting lost and wondering where you are.
 
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Old 12-06-2016, 05:06 PM
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I expect video evidence from the police car would work, also most likely a cop saying he observed your distracted driving could be enough.
 
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Old 12-06-2016, 05:14 PM
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Originally Posted by Norri
I expect video evidence from the police car would work, also most likely a cop saying he observed your distracted driving could be enough.
I wouldn't doubt that for a minute, so that's why I'm fitting a Stereo so there are no buttons to push.
 
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Old 12-06-2016, 05:37 PM
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Originally Posted by orangeblossom
The list of what you're allowed to do seems to be getting smaller all the time.
seems we are all the time getting more of the "if it is not specifically allowed it is disallowed " approach. Used to be if what you were doing did not adversely impact others it was generally OK.
Eventually there will be a push back if authorities keep pushing against common sense and personal responsibility.
 
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Old 12-06-2016, 07:54 PM
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Originally Posted by orangeblossom
The list of what you're allowed to do seems to be getting smaller all the time.
On the other hand, if you're in control of a train that weighs 21,000 tons (as some do here in Canada) I hope the engineer is paying attention to what he's doing and not texting or playing games on his phone.

Pretty dire consequences if you run through a red signal and hit an oncoming train, and it takes a while to stop a train that heavy.
 
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Old 12-07-2016, 03:19 AM
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If we just BAN ALL CARS no one will die in a road accident............ Then BAN aircraft no one will die in an air crash. OH wait 10,000,000,000 the WORLD is now over crowded........

Nanny states you just gotta love em.
 
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Old 12-07-2016, 06:54 AM
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the important law is "Do not touch others or their things with your car." Then a bunch of less useful or necessary add-ons. Whenever a law is overly specific, it's a bad law.

Ladies may may legally apply mascara while driving. Prudes may listen to Howard Stern. You may consume a foot long hotdog with chili and slaw.

Can't outlaw dumb. Dumb is too smart for that.
 
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Old 12-07-2016, 07:32 AM
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Originally Posted by orangeblossom
Hi Paul 59

Its not exactly very clear, how anyone can possibly tell if you're distracted or not.
Hi OB,

In addition to observation by police, an increasing number of other road users, cars and especially cyclists have taken to using constant video recording to capture safety related traffic violations.

I am sure like me you frequently observe drivers using phones whilst driving, plus with increasing numbers of tragically avoidable road traffic accident fatalities such as for example LGV driver (trucker) driving into rear of stationery car whilst using phone to text has rightly lead to attempts to stamp out this dangerous practice by enforcement and stronger penalties for infringement.
 
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