Car Phone Warehouse have told me only Bluetooth kits are legal. They say the type which you can buy for a few quid and clip to your shirt etc are illegal now the ban is in force.
Does anyone know if this is true? I've googled for ages and can't find specific guidance on this.
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I think that they are wrong and that the wire ones are still fine. Its only the penalty that has changed recently, not the laws governing mobile use.
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I think they all illegal if you're found that the usage of such devices has contributed to an accident. Try not to use it to be on the safe side.
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They are talking garbage.
Wired hands free kits are just as legal as bluetooth ones.
It is what you do with the phone that is illegal not what type of hands free kit you have.
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The phone must be clamped down somehow. What is illegal is using a hand held phone. You can touch the buttons if it's in a cradle or held down some other way. What you can't do is pick it up.
HJ
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The phone must be clamped down somehow.
No it doesn't. It can be loose, the test is:-
(6) For the purposes of this regulation?
(a) a mobile telephone or other device is to be treated as hand-held if it is, or must
be, held at some point during the course of making or receiving a call or
performing any other interactive communication function;
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seems to me the thing thats going to get you fined is physically holding the phone for whatever reason.
So Carphone Warehouse are being a bit naughty then?
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One solution?
tinyurl.com/2mlnt3
- - - - - - - - - - - - - - - - - - - - -
What\'s for you won\'t pass you by
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I was under the impression that even prodding the buttons is now technically illegal when u are driving.
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No it isn't you can prod all the buttons that you want.
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No it isn't you can prod all the buttons that you want.
If you couldn't you might have difficulty driving your car.
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Am I being legal? I have a wired handsfree kit, I just leave the phone on the passenger seat while I'm driving, with the earphone in my ear. Obviously I have to prod the button to answer the phone. I was under the impression that you'd only get pulled over if you were physically holding a phone to the side of your head.
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Am I being legal? ...
people seem to think that the mobile phone law is exclusive.
whereas what it does is simply make a new specific offence of using a hand-held device whereby the fact that you are using it is deemed to be an offence regardless of whether you may have been able to prove that you were doing so quite safely.
the 2003 act and and the new penalties from 27 february 2007 are simply additions to the general driving safety laws, to quote:
The Road Traffic Act and Highway Code state;
Rule 127. You MUST exercise proper control of your vehicle at all times. Never use a hand held mobile phone or microphone when driving. Using hands free equipment is also likely to distract your attention from the road. It is far safer not to use any telephone while you are driving - find a safe place to stop first.
Law RTA 1988 sects 2 & 3 & CUR regulation 104
Rule 128. There is a danger of driver distraction being caused by in-vehicle systems such as route guidance and navigation systems, congestion warning systems, PCs, multi-media, etc. Do not operate, adjust or view any such system if it will distract your attention while you are driving; you MUST exercise proper control of your vehicle at all times. If necessary, find a safe place to stop first.
Law RTA 1988 sects 2 & 3 & CUR regulation 104
The Road Vehicles (Construction and Use) Regulations 2003 which came into force on the 1st of December 2003, brought into effect a criminal offence of using a hand held mobile phone or device.
www.opsi.gov.uk/acts/acts2006/60049--a.htm#26
26 Breach of requirements as to control of vehicle, mobile telephones etc.
(1) Before section 42 of the Road Traffic Act 1988 insert-
"41D Breach of requirements as to control of vehicle, mobile telephones etc.
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."
-----
"3ZA Meaning of careless, or inconsiderate, driving
(1) This section has effect for the purposes of sections 2B and 3 above and section 3A below.
(2) A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver.
(3) In determining for the purposes of subsection (2) above what would be expected of a careful and competent driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.
(4) A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving."
------
www.uk-legislation.hmso.gov.uk/acts/en2006/ukpgaen...f
Section 26: Breach of requirements as to control of vehicle, mobile telephones etc
93. This section inserts a new section 41D into the RTA, and amends the RTOA, to
provide for obligatory endorsement (with disqualification at the court's discretion) for the
offence of contravening or failing to comply with a construction and use requirement if the
requirement relates either to failure to have proper control of the vehicle or a full view of the
road or to the use of a hand-held mobile phone or similar device. A "construction and use
requirement" is a requirement imposed by a regulation made under section 41 of the RTA
(most of which are contained in the Road Vehicles (Construction and Use) Regulations 1986
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,
>>. Obviously I have to prodthe button to answer the phone. I
Can't you set your phone to auto-answer?
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Car Phone Warehouse have told me only Bluetooth kits are legal. They say the type which you can buy for a few quid and clip to your shirt etc are illegal now the ban is in force.
>>
you probably mean that one employee (weekend temp?) told you something.
the official cpw advice is here
www.carphonewarehouse.com/commerce/servlet/gben-Ho...e
where in their opinion:
....Remember if you are believed to be driving dangerously even when using a handsfree solution you can still be charged with driving without due care and attention. ..
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good point about the saturday staff Dalgliesh. However, another CPWH employee has popped up elsewhere saying exactly the same thing ie these simple wire arrangements that have a mike and an earpiece for under a fiver are illegal (even though their website sells them)
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..these simple wire arrangements that have a mike and an earpiece for under a fiver are illegal ..
doesn't say say anywhere here:
www.opsi.gov.uk/si/si2003/20032695.htm
ROAD TRAFFIC
The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003
----
Amendment of the Road Vehicles (Construction and Use) Regulations 1986
2. The Road Vehicles (Construction and Use) Regulations 1986[2] are amended by inserting after regulation 109 -
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" Mobile telephones
110. - (1) No person shall drive a motor vehicle on a road if he is using -
(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4).
-----
(4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.
-----
(6) For the purposes of this regulation -
(a) a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;
----
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----- (4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data. -----
So are two-way radios OK then? And mobiles aren't? Surely use of any hand-held '2-way communications device' whileon the move should be banned?
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So are two-way radios OK then? And mobiles aren't? Surely use of any hand-held '2-way communications device' whileon the move should be banned?
it was excluded at the request of the "emergency services"
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TourVanMan TM < Ex RF >
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Ah, that's why Clarkson and the other two children use 2-ways on TG.
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They sell them because it's still not illegal to use the wired hands free whilst walking down the road.
Is it?
----------------------------------------------
Aim low, expect nothing & dont be disappointed
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>>Can't you set your phone to auto-answer?
Do not EVER set your phone to auto-answer. You mgiht not hear it answer a call, you might have a Queen song (We are the Champions) playing very loudly in your car, you might enjoy singing along to it equally loudly and perhaps your voice might be really, really, bad.
[blush]
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God was that YOU? I called the RSPCA and poilice, I thought it was an illegal cock fight.
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TourVanMan TM < Ex RF >
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Hands free is hands free. Legal. Not safe, though.
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.. Legal ..
still the confusion reigns.
hand-held means automatic fine/points if caught even if your driving is faultless .
hands-free does not mean carte-blanche legal, but it does mean no automatic fine.
so hands-free means possible fine/points/conviction if your driving is seen to be unsafe.
if you have an accident and phone records show that you were using a hands free at the time, you could be charged just as if you were uing a hand-held device.
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Hands free means steering with your knees so that you can get the sandwich wrapper off.
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