New Highway Code and Mobile Phones

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Jun 20, 2005
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What’s the consensus on this latest Law?
Is using hands free via the steering wheel controls illegal. Is scrolling numbers via steering wheel and viewing them on car screens wrong?
 
Nov 11, 2009
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What’s the consensus on this latest Law?
Is using hands free via the steering wheel controls illegal. Is scrolling numbers via steering wheel and viewing them on car screens wrong?
Can you provide a link to the law that you refer too. Your comments contradict my understanding and Brakes too. In the link there’s a further link to the HMG site. The new laws relate to hand held devices phones, tablets, satnavs etc





 
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Mar 14, 2005
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With matters such as a legal definition, its important to have the exact wording, other wise sometimes the omission of a full stop or comma can change the meaning or impact of the statute.

So what exactly are you asking a bout?
 
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With matters such as a legal definition, its important to have the exact wording, other wise sometimes the omission of a full stop or comma can change the meaning or impact of the statute.

So what exactly are you asking a bout?

I think that Rules 149 and. 150 of the new Highway Code are quite clear on the use of mobile devices and interactive systems. Basically any form of hand held operation of a mobile device even when stopped in traffic is illegal except for an emergency, and a couple of other exceptions. The use of hands free technology is not illegal, although there is a warning of the inherent risks involved even when using such technology. This has been known for over 20 years at least. When I joined a company in 2000 I was given a company car and had to sign that I would not use the hands free system in that car or hire cars unless parked up.

In less than 24 hours there have been two posts which indicate a lack of awareness of the new Highway Code on two of its three new and most significant sections. Cyclists and mobile devices.. Should we expect a third post on the law as it affects pedestrians crossing roads, or wanting to cross a road?

RTHC 😱
 

Sam Vimes

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Don't know about you but the last time I read the Highway Code was when I needed to pass my test in the late 60s.....1960s that is. 😁

I suspect reading it only to pass the test is not uncommon.
 
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OC our posts crossed, my point was aimed at Dd who did not specify what specific bit of legislation he was referring to in his opening post.

SV, I suspect you comment is true for many. When I was learning to drive it wasn't even suggested you should read each new revision of the highway code. But it comes as quite a surprise how many revisions are made, and many people only discover them when their children start to take driving lessons
or they're caught contravening them.
 
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Sorry chaps, I read it in Saturday’s newspaper. OC has quoted the rule. I can’t find anything about handsfree use. So anyone know if hands free is still legal?
 
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Having being the recipient of someone using a phone while driving, my wife can testify the person who went into the rear of her car while on a major road can have lasting problems. She had to stop quickly and the person behind while talking on her phone could not................ after nearly a year off work and an operation my wife could return to work although the long term issues continue.
 
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What’s the consensus on this latest Law?
Is using hands free via the steering wheel controls illegal. Is scrolling numbers via steering wheel and viewing them on car screens wrong?

I for one agree with you that despite the wording of the code, your points are a grey area. In my car for example, I need to instigate the hands free by finding a pressing a steering wheel button. I can then speak, next, I may need to use the up/down buttons to select from a list. Marginally better than using the phone directly. And something I don't bother with. But it is not 100% hands free.

John
 
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This link sets out the background to the new rule. I am still unclear on the hands free aspect. Providing Bluetooth is on . My car and phone connect and I can use hands free and scroll all numbers on the dash display. If the rule says MUST or MUST NOT can the Police say it is a prosecutable offence for a breach? I suspect yes but am not sure hence my op

https://lordslibrary.parliament.uk/...g-a-mobile-phone-while-driving-regret-motion/
 
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Jul 18, 2017
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In less than 24 hours there have been two posts which indicate a lack of awareness of the new Highway Code on two of its three new and most significant sections. Cyclists and mobile devices.. Should we expect a third post on the law as it affects pedestrians crossing roads, or wanting to cross a road?

RTHC 😱

I am glad I am very conversant with the Highway Code updates so I have been fully aware of all the changes at all times even though many are only guidelines like the 85% ratio when towing. Very sad when people are unaware of changes.
 
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Another little snipit, If you are taking a learner driver out, then as the person with a full driving licence, you cannot use a mobile phone, except of course in an emergency.
 
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How about motorcyclists talking to their pillion passenger ? I freely admit the only time I know the HWC has changed is via the newspapers.
 
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How about motorcyclists talking to their pillion passenger ? I freely admit the only time I know the HWC has changed is via the newspapers.
Thats normally Blue tooth, and can link upto 6 different riders, voice activated, over 1/4 mile
 
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This link sets out the background to the new rule. I am still unclear on the hands free aspect. Providing Bluetooth is on . My car and phone connect and I can use hands free and scroll all numbers on the dash display. If the rule says MUST or MUST NOT can the Police say it is a prosecutable offence for a breach? I suspect yes but am not sure hence my op

https://lordslibrary.parliament.uk/...g-a-mobile-phone-while-driving-regret-motion/
As I said in an earlier post “ must” is an instruction. “ should “ is advice but isn’t a get out of jail card in the event that your actions contribute to an incident

Steering wheel controls affect more than phone. Radio stations, volume, mute, cruise control etc. So does anyone consider these to be illegal? We rejected some cars recently in our buying spree vas even things like HVAC were on a side touch screen and not always in the top menu or very touch sensitive. The Golf Mk8 being particularly bad ( a personal opinion).
 
Mar 14, 2005
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The highway code and the bothe the Govt web site and of course the link to the House of Lords Library do seem to be in agreement and are quite explicit in their intent and application.

The changes to 149 make it illegal to use a device that is held and supported in the hand. Its the action of using your hand to hold an operate it that is the offence. It is presumed that having to manipulate such a device distracts the driver form their prime responsibility of driving with due care and attention.

Consequently using such a device in a hands free way is still permitted, -provided the action of using the hands free item or any other item or activity does not detrimentally reduce your attention or ability to your prime responsibility of driving.

Whilst the use CB or other two way communications by taxi drivers and HGV drivers is apparently allowed, but if that activity impairs the drivers control of the vehicle it is illegal.

Don't ask me to define what is necessary to maintain proper control.
 
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Another little snipit, If you are taking a learner driver out, then as the person with a full driving licence, you cannot use a mobile phone, except of course in an emergency.
You can also use it if your car has auto park.
Where some may get caught is if they use hands free mobile devices when sitting in the car parked next to the pavement. Potentially one grey area. So best not to tempt fate.
 
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This link sets out the background to the new rule. I am still unclear on the hands free aspect. Providing Bluetooth is on . My car and phone connect and I can use hands free and scroll all numbers on the dash display. If the rule says MUST or MUST NOT can the Police say it is a prosecutable offence for a breach? I suspect yes but am not sure hence my op

https://lordslibrary.parliament.uk/...g-a-mobile-phone-while-driving-regret-motion/

However many are guidelines and rules and are not legislated i.e. I doubt very much if you could be prosecuted for overtaking a cyclist too close as it is not in legislation however you can be prosecuted for driving in a dangerous manner or similar as there is legislation for that.
Either way it is always best to observe the rules and to be courteous to all road users even the morons who think that they own the road.
 
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You can also use it if your car has auto park.
Where some may get caught is if they use hands free mobile devices when sitting in the car parked next to the pavement. Potentially one grey area. So best not to tempt fate.
Doesn't the engine need to be switch off when using a mobile phone? If the engine is running then you are in control of the motor vehicle and at that point it may still be an offence. I have not read the actual legislation as unsure where to find it.
 
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Doesn't the engine need to be switch off when using a mobile phone? If the engine is running then you are in control of the motor vehicle and at that point it may still be an offence. I have not read the actual legislation as unsure where to find it.
It is linked to the Goverment link that I posted earlier. Switching off your engine when parked doesnt stop a drink driving or drug driving offence. Just a thought.
 
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I am glad I am very conversant with the Highway Code updates so I have been fully aware of all the changes at all times even though many are only guidelines like the 85% ratio when towing. Very sad when people are unaware of changes.

Where in the Highway Code does it say anything about the 85% guide can you provide the location of that advice. Certainly not in Section 98.
 
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It is linked to the Goverment link that I posted earlier. Switching off your engine when parked doesnt stop a drink driving or drug driving offence. Just a thought.
The Govt web site page specifically refres to the "Law" and says

"The law still applies to you if you’re:

  • stopped at traffic lights
  • queuing in traffic
  • supervising a learner driver
  • driving a car that turns off the engine when you stop moving
  • holding and using a device that’s offline or in flight mode
Exceptions
You can use a device held in your hand if:

  • you need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop
  • you’re safely parked
  • you’re making a contactless payment in a vehicle that is not moving, for example at a drive-through restaurant
  • you’re using the device to park your vehicle remotely"
As law these are not guidelines or rules.
 
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Doesn't the engine need to be switch off when using a mobile phone? If the engine is running then you are in control of the motor vehicle and at that point it may still be an offence. I have not read the actual legislation as unsure where to find it.

Link is here.


You can use the phone with ignition on but only in defined circumstances. My understanding is that you can use the phone if it is not held in the hand, ie. in a cradle, to instigate a hands free call. Therefore, operating the phone via the steering wheel would also be OK. I would not recommend doing so, I find the procedure is too distracting.

Bad enough receiving a call.

I have noticed in my daughter in laws car which has a far better voice interactivity than my car. She finds it a simple procedure.

John
 
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