Can you TOUCH Your Phone in a Cradle?
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- เผยแพร่เมื่อ 1 มิ.ย. 2024
- An ongoing debate: Can touch your phone in a cradle?
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Phone cradles are a god-send, not having to hold my phone means I hardly spill any whisky now whilst driving!
😅
😂
I know right it's also easier to watch the footie!
And you can roll a spliff or boche up a line whilst steering with your knee. 🎉
😂
Does anyone remember when you had to drive while holding a road atlas on your steering wheel? 😂
Does, anyone remember when there was less traffic on the roads?
Yes steering with your knees helped. And a brick for the pedals 😂
All folded out as well.
Yep! I remember rehearsing the route with the road atlas, writing it step by step in a notebook, then cross referencing the notebook with the highway signs. So the notebook was a handheld device here :) hand written post it notes stuck across the dash rail would be optimal in my opinion.
Only for the driving test 😂 Although now aren't they adding using a satnav? But bizarre, I was never tested on my ability to use the radio!
Modern cars with touchscreen only controls clearly make keeping full attention on the road more difficult. Wish we had some legislation forcing some basic functions (heating, volume etc) to be physical.
Some cars like ford you can speak the temperature via a button on the steering wheel
@@michaeljohnson1006 useful for single people I guess. for the rest of us with partners that don't take a breath...
100%, bring back the buttons, nothing fancy just the basics like you say
My Mercedes does that... I would be surprised if the Tesla and most modern cars with touch screen capability do not do the same
@@michaeljohnson1006
Volvo has a good set up with no physical buttons yet easily accessable heat controls. Don't know why others get it so wrong
Notice how the government website isn't helpful in telling you it's ok to use a sat nav in a cradle, it only tells you what you can't do, to deliberately leave some ambiguity.
Second comment. As a cyclist, these rules should be extended to cyclists as road users. I’ve often seen cyclists using phones and swaying around the road and being dangerous.
I keep seeing people cycling with no hands and texting with both. It blows my fucking mind, 3000 years of societal progress has tripled the human life expectancy and this is what they do with it.
I'd just like to see them stop at red traffic lights.
@@boiledelephantiv Ben riding no handed since age 5 innthe mid 70s get over your self
Yes the rule should be extended, both my bicycles have phone mounts. I just don't like the inconvenience of not having a phone mount.
They are included in South Australia.
About 10 years ago, I had a near miss on the M25 despite the phone being in a cradle and using Bluetooth hands-free. It made me realise that even the distraction of being on a phone call and having to think about my replies was enough to make me realise that I wasn't paying enough attention to driving. From that moment on, I've never used the phone in any way whilst driving. That's my personal choice and, in all those 10 years I've never missed a call that you could in any way describe as truly urgent!
I take it you no longer talk to any passengers you have in your car.
Both honest and intelligent. Bravo!
I'd add to what you say. I was riding with a friend who almost drove through a red light into a car. Later she explained to me that, while talking to me, she'd been distracted by the need to translate between Chinese and English. That illustrates that it's not talking on a phone that's the issue. It's not even the talking itself. It's the distraction from whatever the source. The only difference is that talking to someone in the car means there are other eyes watching out for trouble. She stopped in time because, seeing what was happening, I screamed out, "Stop, stop."
Do you have conversations with your passengers?
It's not the conversation that's distracting, it depends on what you need to think about to say. If you need to picture anything in your mind, that's when you are distracted. Can't remember what I was reading but it's the same technique used by those slight of hand majicians who steal your watch.
Thank you. A neighbour of mine had his in a cradle. He was stuck in traffic by a roundabout and his phone was beeping due to low battery. He plugged it in (not removing the phone from the cradle), and a roadside policeman ran over, pulled him in and gave him a ticket. That was during covid - he's yet to be given a court date.
Don't the Police have just six months to prosecute after a traffic N.I.P unless very serious like an injury or death causing hit and run etc? If that is the case and it was so long ago then he's fine.
There was a roadside policeman who was actually doing traffic duty?!? 🤯 That's a million-to-one chance!
@@peakpanther5136 Something along those lines. There may be some difference between date of offence and date of the notice of prosecution is received, as to when the six months starts(?)
@@james.telfer Softer targets, caught in traffic. I'd sooner they were pulling the tw@ts who weave in and out of lanes, undertaking to get twenty feet in front, and those staring at their steering wheel as they hold their phone there to text, while wandering over the white lines.
I spoke to a traffic officer about his job once. I've had a few motorcycles and wasn't the biggest fan of traffic officers, but I mentioned how I'd love to see the above types getting a ticket. He said, "It can be a very gratifying job at times". I can understand that.
What's covid?
I'm positively surprised by this. I watched a video of a TH-cam copper advising you're not allowed to touch your phone at all when driving, including when you're using it for satnav. No matter what.
This shows cops don't read regulations and misinform the public.
I’m sure that never touching the device when it is being used for sat-nav is something the cop doesn’t observe personally.
This shows cops are morons.
This is the trouble with the police; there is an inherent attitude of all officers to conduct mission-creep, based on what they personally don't like. It must be resisted at all costs; it has already cost us significant freedoms, not just in the use of vehicles.
Still see far too many people holding their phone to their ears when driving.
I don't do this but I see it as less dangerous than rummaging for a tape in the glove box or lighting a ciggy
And guess what, none of them have crashed.
@@goneaway9185 don’t be so absurd. They’re an accident waiting to happen
@@craftstuff-policecorruption. but it didn't happen, hence they are driving on their phone. And always have, and obviously haven't had an accident. Living in constant fear will kill you faster than an accident.
@@goneaway9185 how can you actually say that they “obviously haven’t had an accident”? They may well have been involved in an accident with another vehicle and simply not learned their lesson from that one. Using a mobile phone whilst driving lowers your reaction times because you are trying to concentrate on more than one thing at once. If you’re gonna use your phone whilst driving, do the decent and correct thing and pull over somewhere safe to make your call. No phone call is as important as protecting life (yours or someone else’s).
Worth mentioning that the contactless payment on private land wouldn't have been an offence at one time. However the definition of the Highway was extended to any private land ordinarily open to the public. Like a Supermarket car park. The reason for this was car cruising. Be just as careful on such private/public land.
The change to definition of highway was long before contactless payments became the norm.
There are many minor accidents / dings in supermarket car parks. Payment probably also covers McD drive through. My Shell app also allows me to pay at the pump and you need to use the phone, in your hand! Better stop doing this. EDIT - should be OK as long as my engine is turned off.
Agreed. So long as what you’re doing on your device while in a cradle doesn’t require extended attention/time, then it should be fine to do. It would be similar to pressing a button to put the window up, turn on the ac/heat, or put the seat back. If it takes longer than most simple functions, I always assume it’s not safe.
I can change the radio, temperature and do the windows without taking my eyes off the road at all though, a touch screen is different, the buttons all feel the same on a flat screen for a start so you usually have to look.
@@jbellfieldthat's why I set my phone to answer automatically after 2 rings when connected through bluetooth!
I wouldn't recommend that if the bailiffs are after you though!😂
@@johnmuller5342exactly
Turing on heater to clear myst on the screen or changing radio channel can be more distracting
@@grosom31wasn't aware you could do that. Would be useful when running and wearing a Bluetooth headset.
@@hairyairey yeah its awsome I use it when cycling aswell.
I use a cradle now. Before it was impossible trying to text, eat my breakfast, drink a coffee AND drive all at the same time
Virtually all new vehicles sold in the UK for at least 10 years have the capability of bluetooth, hands-free use of a phone, yet you can still see huge numbers of people driving these while using phones hand-held. Some people will never learn.
@@HarryBarryGary phone chargers are cheap. Not an excuse anymore.
@@HarryBarryGaryBluetooth hardly makes any battery drain difference unless possibly with streaming.
I also doubt that anyone dumb enough to use their phone handheld is smart enough to give any thought to Bluetooth and battery drain without simultaneously not being smart enough to know that fast car chargers are available.
(Most very modern cars can charge at 15W+ with their integegrated USB ports which are probably USB-C, and any that aren't will have a cigarette lighter socket into which a fast charger can be connected.)
@HarryBarryGary Poor excuse. A 5 quid cigarette socket charger can fast charge almost any device. Most vehicles made in the last 5 or so years will have a fast charge capable USB port. Bluetooth is low energy technology.... it wouldn't use more than 10% battery on a single connection over a 24 hour period. Use of the phone for calls, playing audio, etc is what drains the battery, not Bluetooth.
@@Simon-ui6dbyes Bluetooth headsets and battery banks are cheap, but it's amazing how often you see luxury car drivers (cars costing £40k+) making calls while holding the phone.
Even basic stereos have this feature. My Austin Allegro has handsfree (& reversing camera)
I assumed it should've been pretty clear for everyone... Holding the phone in your hand = illegal, not in your hand = perfectly legal. 🤷🏻♂️
Actually, anything that can distract your attention from the road should be avoided, apparently.
Therefore, you cant be conversing with a passenger either...?
Been waiting for this one! Thanks!
Thanks Daniel. Clear and concise information about a previously confusing topic.
This is fantastic to hear because using my modern iPhone as a sat nav in a hands free cradle is 1000% less distracting compared to using my 15 year old car’s own sat nav. So now I can confidently use my phone as a sat nav, using voice where possible, to minimise any potential distraction.
What I’d like to know is whether my Smart Watch is legal to use when driving since it is not mounted in a cradle but is also not hand held. I personally find it easier to just hold my watch up to my mouth and ask my voice assistant to send a message or instigate some action or other, rather than engage with my phone. Again, this is MUCH less distracting than using anything touch oriented, AND I believe is safer than pulling in to the side of a trunk road, or exiting a motorway in order to perform the same action.
Thanks Daniel, your (non)-advice is very much appreciated.
A smartwatch is legal, too. You can text and phone or change songs as long as it's not taken off the wrist and held in your hand at any point.
@@SparkWahyou're only breaking the law if you hold it. That is the whole point of the video.
@@SparkWah "it is illegal to hold it AND interact with it on a cradle"
It's not illegal to interact with it on a cradle if you are NOT holding it. I believe that's the point that was being made. Is 4154 your collar number? If not, what is your collar number? I might be interested in visiting your station or office to grab a copy of that legislation you didn't leave a link for if I'm not too busy.
@@SparkWahthe key word is right there in your comment "handheld". If it's in a cradle then it is no longer a handheld mobile device. It's right there in the legislation 😂
@@SparkWah So if that is true, it is illegal to change the station on a car radio too? That is a device that is held in a cradle. And a police officer cannot answer a call on their radio while driving when it is cradled on their chest? Do they have to pull over?
@@SparkWah your link has been censored. TH-cam usually does not allow links. You need to post the title of the page so people can google it.
But you are wrong. This is quoted from the governments website:
You can use devices with hands-free access, as long as you do not hold them at any time during usage. Hands-free access means using, for example:
a Bluetooth headset
voice command
a dashboard holder or mat
a windscreen mount
a built-in sat nav
Thank you for the clarity.😊
That was really useful and answered all my questions - and more. Thanks for posting
Thanks for this, its very informative! I often drive to places I'm not familiar with, and I use the Maps app on my phone which is mounted in a cradle. I usually need to drag the map to give me an idea about what manoeuvres I'll be making in the near future, and I'm glad to hear that I can do this without worry.
Fantastic explanation - thanks so much for providing such perfect clarity! really appreciated!!
Thanks. That really answered a lot of questions that I had regarding this topic. Great video!
As the old TV warning skits used to say "conversation kills". Holding an item has no significant impact on driving ability, being distracted by a conversation, either from a passenger or a phone, massively impedes your concentration, and driving ability. All use of mobile phones should be illegal, while driving, including handsfree devices.
This was a really good clear run down of the regulations. Thanks...
Thanks Dan, I am going to make my spouse watch this video and probably make her watch it again.!
Thank you Daniel - you're doing an *immense* public service here for a complicated and difficult issue, I'd dare say you've done quite a bit to reduce unnecessary load on the court system.
I do understand the complications of legislating around this, it's awfully difficult given the sheer complexity of multi-use devices of this sophistication.
I'm actually surprised there aren't more clear and concise videos like this one produced by government and put front'n'centre to the public - areas of contentious law should always be done this way in an easy to absorb and recall manner, not just for the public but for law enforcement themselves.
If only the police analyse the wording of these laws as closely and stop over zealous translations.
5 years round London in a truck an A to Z on right knee delivery note on left changing gear thru a 16 speed manual transmission, Nobody Died.
Really appreciate this. I was paranoid to reject calls or relaunch a crashed SatNav app. Which I’d argue is more distracting not to, rather than a couple taps on a phone screen. These new cameras they’re rolling out to catch people on their phones added to the paranoia.
100% agree phone shouldn’t be interacted with unless absolutely necessary.
stop the FERKIN car and do it
@@rayloftus4066 Sure. I’ll stop in the middle of the M25 next time so I can reject a spam caller. Thanks for the tip 👍🏻
@@WillHest From my experience, you stop every 50 yards on the M25 anyway 🤣
If you cannot touch your phone when it is in a cradle, then by rights you cannot touch anything else with the vehicle like the radio or heater. As it is just the same.
Car companies probably lobied to have that made immune.
Thank you for the information
love the room acoustic treatment, along with the explanation :)
The problem with holding a phone, is that people tend to look down
You also look down when operating a switch or controlling the computer from a dial on the centre console - the bigger issue with phones is typically youre juggling with it to do more than just answer a call 😁
That and you don't have both hands available for controlling the vehicle, particularly like in an emergency swerve.
I never take my phone out of my pocket once I’m in my car. Using your phone behind the wheel is a mugs game and can be a killer
You say that but many modern cars have basically the same touch screen computer that you use to operate the cars functions
Thank you very informative and appreciated
clear and well explained. with great detail.
Top Gear presenters in the Uk and other countries use 2 way radios whilst driving so I guess they must be exempt because police use similar devices.
those radios, if you noticed, do not have displays.
Police radios do have displays. However, when a police officer is messing with the radio and driving, the radio is mounted on a klickfast dock on their uniform, plus the Sepura and Motorola have hands-free capabilities.
""""It is an offence to use a hand held mobile phone or an "interactive communications device", but there is an exemption for a two way radio which is designed or adapted -
for the purpose of transmitting and receiving spoken messages; and operates on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz. Ofcom states that you should be transmitting CB in the 27MHz range, if you are, you come within the exception and are OK. The exception was created because so many government and private organisations (e.g. taxis) use 2 way radios.""""
@@Antenociti People need to be careful of this as there are business radio systems , with PTT - all informed communication - that use the data connections of the cellular services operating on those frequencies.
That list will need to be amended to pick up the higher frequencies now coming on line for new 5G services.
@@craigbrannan9734emergency service vehicles are fitted with a hands free Airwave radio (I have installed many) but individual police officers insist on using their hand held devices despite this. The only reason I can find is that they feel more "cool" doing this instead of using the correct device while they are driving
Interesting especially as nearly all new cars use touchscreen for control ie radio, heating etc etc . Therefore is this not the same?
An excellent point. It's one reason I drive a 2000 Toyota. It has no touchscreen. All the control are manual and very tactile. I can keep my eyes on the road.
Voice dialing, my car can store five numbers which are voice activated.
I have Android auto and can say "hey, Google" then "call Daniel" and it will. It's useful when running late. It removes the temptation to speed up.
But I still keep conversation brief. Bloody annoys me when I say I can't really talk because I'm driving and people press on regardless.
@@Rapscallion2009 Better still, plan ahead more and leave earlier, so that you don't need to 'call Daniel' and distract yourself from driving.
Thanks for all this great information on this item & all the others also - I had no idea regarding the law on handheld phones - now I am aware it will be easy to stay compliant, this is a great way to understand matters of Law by mentoring & not learning the hard way by default & I really like your justifications that make perfect sense, keep up the great work
Great vid, very informative
In practice, hitting "answer" and "end" is no different to hitting any of the other buttons on a car dash, many of which do need you to look down for a second or two!!
Any more than that is more "use" than is safe.
Phone cradles are often placed within the windscreen wiper area which is an offence 🤔
Not quite true
No, it isn't. They have to obscure the viewing area, and that's different. For a start it depends how tall you are. I only 'look through' the top half of the windscreen (and the edges). If I look at the lower portion of the windscreen I get a wonderful view of the bonnet.
A shorter person has a different geometry.
I do wonder about the air fresheners hanging off of the rear-view mirror though. I don't use them for that reason.
If your cradle obscures the field of view covered by your windscreen wipers, it is illegal. I see so many mobile holders and satnav cradles plonked in the middle of the windscreen. If your view is restricted (and it’s the same for air fresheners or anything else dangling from your rear view mirror, it’s illegal.
@@gazmack6196
"If your cradle obscures the field of view covered by your windscreen wipers, it is illegal."
No, it doesn't. Your 'field of view' is not defined by your 'swept area'.
There are rules about damage to windscreens *within* the swept area and how extensive they can be.
@@gazmack6196 sadly no one does anything about it, I saw a tablet computer sat in a van window obscuring a lot of the view 🙄
That was a good example my predictive text substituted "mudstone for must"
Very good advice.
Thanks BBB as always!
There should be penalties for people using their phone when crossing the road, not paying due care and attention to other road users.
Likewise people using their phone when cycling or on e-Scooters too.
Don't get me started on the subject of pedestrians crossing the road whilst yapping away or peering at the screen of their mobile phone.
@@howardosborne8647All these 20mph limits being added because people were involved in crashes - now many were actually down to people not looking at the road because their eyes were glued to their phones or had ear buds in and could not hear approaching traffic? It would be interesting to see what age groups were most involved, if mobile devices were being used and what speed vehicles were going. There should be a law "not using common sense".
I love a strawman.
Hi, we use Motorola ION radios that can also be smart phones, I was under the impression that we can still use the radio function while driving but obviously not the phone or smart functions. They are effectively similar to radios used by emergency services. We are also using them predominantly for Police Fire and Ambulance type communications on private property however the roads are open to the public.
I have a DMR radio that operates using 4G and is capable of using data for apps so would this be classed as a mobile radio or as a mobile phone and would this be likely to see me prosecuted under this legislation if using Zello?
Very good, detailed but understandable.
The content we need👍🏽
If you can touch your car radio, then you can touch your phone in a cradle, since it's the same level of distraction. Actually, looking at your phone is more distracting, so perhaps there should be a law against looking at your phone before there's a law against touching it.
It’s not the same level of distraction, it requires a lot more attention to locate and touch icons on a screen than it does to press a tactile button.
When I see black-belt barrister. I click.
Thank you 😊
Objection your honour!
Overruled.
Oh. Alright then.
Even when you are driving?😅
@@beebeeliciousprovided it's in a cradle 😅
@@stuungar3390 🤣🤣
Clear and concise info. Great advice as usual 👍. I never use mine in the car anyway. I put it in the arm rest and have it plugged into CarPlay solely for maps on the head unit. But this info is good to know.
Superb video, really clear, thorough and helpful. It had been an area of concern for me, so this is a God-send.
Yes, the overall proviso is that the driver must be in proper control of the vehicle and aware of the surroundings.
So let's be CAREFUL out there.
Wasn't there a story in the UK a few years ago where a man was charged with dangerous driving because he took his hands off the wheel to blow his nose? The car was actually stopped at traffic lights at the time, if I remember correctly. The police argued that both hands must on the _steering wheel_ at all times. Whatever happened with that case?
That was in Scotland back in 2010. The guy was 39 year old Michael Mancini. The case was eventually thrown out, much to the disgust of the senior Strathclyde police officers 🤣😂
@@hazyblue69Glad he wasn't executed. 😂
@@JonDingle The cop that charged him also fined a guy for dropping litter. The litter in question was an accidentally dropped £10 note.
@@hazyblue69 reminds me of Twittergate. An equally stupid case defended by Kier Starmer. Whoever he is.
@@hazyblue69 also there's a comedy show with a character of the same name. Going to make finding this story online a bit hard.
Hi Daniel, many years ago I was stop by police for an 030 offence in NI. There was some confusion at the time by myself but I excepted the ticket on the basses I would appeal it to court.
It transpired that the officer believed I was on a mobile phone ( 030 offence ) when in fact I was using a two way radio. The charge was dismissed. I believe that exemption still remains in the new mobile phone legislation.
There are indeed existing exemptions for two way radio. The regulations actually mention the "two way radio devices for the purpose of transmitting and receiving spoken messages; and to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz." (Cell phone bands)
Though of course you can still be prosecuted if it is deemed to have impaired your driving.
@@g0fvtthese days you can get “network radios” which look and behave like two-way radios but use a mobile ‘phone SIM card. So presumably these would not be exempt, according to the wording of the regulations you have cited?
@@solarbuduk it would seem so.
Very informative
My biggest bug bare with phone cradles (and sat navs) is WHERE some people attach them.
I kid you not, the other day I saw a guy driving with his sat nav directly in front of his face!!!! Far too often see taxi drivers with multiple phones etc attached around their windscreen.
so, even after a very clear and concise explanation of the rules by BBB, there are still lots of armchair experts in the comments who think they know better 😨
@@SparkWah and here you go again.
Keep going, it boosts the algorithm 👍
Welcome to my world 😅
@@SparkWah
Ultimately, it doesn't matter what ANYONE on the web says. It comes down to what the court says, they'll issue the punishments.
So .... I'll choose to (broadly) follow the advice of someone who regularly deals with legal issues.
And of course this is why the legal professionals state that 'this doesn't constitute legal advice'. Or at least one of the reasons.
@@SparkWah
"he’s a barrister not god lol."
Correct. He's received extensive training and is held to a very high standard. By comparison....
"I have been Policing this for 20 years and he’s wrong."
Says random Internet man. Well I was the third man to walk on the moon. I squeezed in the capsule with Aldrin and Armstrong. I sort of thumbed a lift....
(And, for the avoidance of doubt, that was sarcasm.)
"Not only is he wrong ur idea that it’s how the court interprets it is misguided. The court doesn’t have an interpretation as it’s written down in stone"
I never claimed that the court did, try again.
"...is exactly how I have explained. However there is no accounting for an idiotic comment from urself"
A copper you say? Well you're certainly not a charm school graduate.
Was wondering about this as my new WAV has a front display that can receive calls etc. I normally just keep mob in handbag & ignore! When my clinically vulnerable child has an issue, I pull over & call. Seems law needs updating to current vehicle technology. Better safe than sorry!
A good overall clarification hitting all the reasons, Legislation and HC, not just what people think it means.
Next you won’t even be able to change the radio station
There is a inherent risk while talking to someone on the phone, they will not be thinking in the context of being in a car driving down the road, so they are more likely to break your concentration and make mistakes. I used to talk hands free a lot, but one day I drove past my exit on the motorway while engrossed in a conversation, totally missed it! I don't take calls anymore as I know the risks for me personally.
Not according to my examiner. When using me phone, on the test, he gave me a large tick, and that means examiners are giving others large ticks, and hence why people use their mobiles in their test. Before it was outlawed
100%
Having a conversation with anyone, be it on a phone or in person, while driving IS a distraction.
Most conversations people have while driving are completely unnecessary, like what shall we have for tea tonight ffsk, is that really more important than the safety of those children waiting at the zebra crossing ahead ??
@@DjNikGnashers mindless waffle by phone users. I well remember my test, how I passed it with flying colours when I picked up me mobile phone and waffled.
The instructor was very impressed, as with these people. Come to think of it they did not use their phones because they felt that they would fail the test.
@@dougaldouglas8842 You seem to have posted that same comment about 25 times, and replied to everyone with that.
Give it a rest son, I think you're bullshitting personally, because nobody would praise you for distracting yourself from driving, you're full of sh1t in my opinion.
Absolutely. Well before the invention of mobile phones, it’s long been the norm to post little notices on PSVs to discourage the passengers from distracting the driver. There is no shortage of potentially distracting gadgets in modern cars - bit that’s hard to police; its up to you to avoid it when possible. Many of the old buses had minimal instruments for the driver as well - probably to save cash, but also had the benefit of keeping their eyes on the road.@@DjNikGnashers
Is there any law for 'Dash Cams' They're requested for criminal evidence, but, do they cover defensive evidence?
I wouldn't help the police.
@@sahhull Maybe if a drunk driver knocked your child down and sped off, and another driver with a dashcam caught the incident on video, you might want to think about that and alter your silly opinion.
@@DjNikGnashers my kid would have been 26 years old.
If she had lived. I'm sure I would have taught her to cross the road safely and not be looking at her phone like a zombie.
@@sahhull So your daughter was killed by a motorist, while she was crossing the road ?
Not sure I believe you, but 'if' it is true, isn't it the responsibility of the driver to look and give way to pedestrians ?
I think you'll find that is the law, pedestrians are at the top of the road user hierarchy, as most vulnerable, and thus have right of way over all other road users.
As such, ANY distraction while driving is dangerous, and could end up with many more pedestrians being killed by motorists.
@@DjNikGnashersscroll up and read the actual words instead of whatever you came up with.
Very helpful thank you I usually use my drop down Mike when driving my SPV.
To sum up, and simplify all that's been said. DON'T USE YOUR PHONE IN HAND WHILE DRIVING. If you need to use it pull over where safe to do so and apply the break and turn off the engine. You can use the phone in a cradle for NAVIGATION PURPOSE, but any changes that need to be made pull over again where safe and turn off engine. You can use the phone to answer a call or use blu tooth voice control to say " phone call mother " or phone call work. Do Not use phone in hand or press buttons on it while driving. Because if you do and an accident occurs you will be done for dangerous driving or worst. It time we had more voice control for phones.. And ones that bloody work.
As with alot of things in the uk. I see it as officer discretion,
Its like the knife laws, a completely legal knife can still find you in trouble because a officer does not think your reason for having it is good.
But a completely legal knife does not need good reason, it just is. Unless you are stupid enough to say you have it for self defence.
If you're a tradesman you're almost guaranteed to be in the clear. Unless you're going to a nightclub.
It's not difficult. I keep a number of different knives in the car, but rarely on my person. And when I do I'm usually completing an activity - a spot of sport, or DIY etc.
@@gordon861 in a perfect world yes that would be correct.
But its not always like that,
If the officer suspects you plan on using it for an illegal activity even when you do not you can still find yourself in trouble,
you could even be arrested for offensive weapons for having a screwdriver if a officer thinks you are using it illegal activities dispite screwdrivers not being classed as a weapon.
(the screwdriver thing actually happened in england a few years back but i believe the charges was dropped if i remember correctly)
@@johnathanh2660 correct but my point was its upto officer discretion As an example for the phone thing with One officer will think its okay and another not.
Never really wanted to argue knife laws. Just thought its a good comparison alot of people would understand.
@@TheWeeJet
I take your point about 'officer discretion', but I regularly take a knife into B&Q (it's the one tool I 'keep on me' when working) but I'd never take it into a night club.
As for the phone thing, yes, there's a degree of 'officer discretion', but in the final analysis it's going to the court, via the CPS.
So, 'Mr Jones' was in paint spattered work clothes, stood in B&Q and had a knife in his pocket and was buying materials for that day.
If it's 'reasonable' it's going nowhere.
My phone 'connects' to my car through blue-tooth. This means I often, except when I need to use the sat-nav function, leave my phone in a brief case or bag on the back seat of the car where I physically cannot reach it whilst driving. Instead I 'use' it by a series of button on the steering wheel. I can make and receive calls and play music, and while in theory I could also use it as a sat-nag as the voice comes over the car speakers, in practice this is not that good so I don't use it that way.
In May last year (2022),I was scratching my ear whilst driving and a copper pulled me and accused me of using a phone hand held. According to him he saw me holding it to my ear. I had to show him that not only was my phone actually in my bag and physically inaccessible, but also that no calls had been made or received. He still didn't believe me and tried to claim I must have had a second phone. It took months before it was all sorted and even today I appear to be on the police's radar because of it.
A neighbour of my mother's was accused of using a mobile phone whilst driving, when he didn't even own one. Simply because the police officer saw him touching his face!
The police will try and catch you out, and it would appear even claim you are using a hand held phone when you are not.
I have always maintained that there is absolutely no difference accessing a song on Apple Music on your phone whilst sat in a cradle and connected to your car either via Bluetooth or CarPlay, than doing the same on a touch screen car infotainment system. The Sat Nav thing is also a very valid example of this. Of course using a mobile device in your hand for any purpose is quite rightly illegal.
The highway code permits the use of a mat or cradle, providing it does not block your view of the road and traffic ahead. However, you must stay in full control of your vehicle at all times. Police can stop you if they think that you are not in control of your vehicle because you are distracted and you can be prosecuted. The government have all bases covered.
It’s a shame that the law has to use so many words and have to go into such depth just because a few people think they’re clever in trying to find loopholes in the law. Instead of using their common sense and general civic responsibility. Perhaps we should also have much stronger penalties for anyone using or holding a device in their hand.
It doesn't mater what the penalties are if there's no police catching them
@@colinscutt5104 Cycling Mikey has caught hundreds!
"Perhaps we should also have much stronger penalties for anyone using or holding a device in their hand."
To what end?
If a tree falls in a woods and no-one hears it etc.
The aim of the exercise is road safety for all of our benefit, and nothing beats a sense of personal responsibility. I'm not a fan of 'excessive punishments', instead I prefer repeated/escalating punishments.
Also, how are you going to catch the 'offenders'.
They could have just said don't hold any electronic device in your hand whilst driving.
@@adrianthoroughgood1191they could but they want to and do exclude walkie-talkie s in the restricted use.
Not related, but a video suggestion that might be of intrest.
Looking at the reasons why
Daniel Khalife pleaded not guilty of escaping from prison. Loads of people seem shocked, when it's pretty clear he did indeed escape, and don't understand why he would plead not guilty. I suspect it may have more to do wirh him remaining on remand, and the extra privileges that come with it, than anything else.
Might also be interesting to touch on the fact that some European countries don't even criminalise escaping from prison.
Will do. Short version: they STILL have to prove it!
@BlackBeltBarrister Indeed, but I suspect there is enough evidence to do so without much issue.
Also suprised to find out it is a common law offence, not a statutory one.
Look forward to your video.👍
I believe the charge relates to escaping from lawful custody, however if there is some question over the original arrest and charge, it is possible that the detention was unlawful, at least in the defendant’s opinion. An interesting point of law.
@michaelkaliski7651 There do seem to be some cases that revolve around the term 'lawful custody', but they relate to the nature of the custody, rather than going back to the initial arrest being lawful, and therfore the subsequent custody being classed as lawful.
Like you say, it's an interesting argument, if that's the path he's going down.
@@michaelkaliski7651 There was a recent report in the papers, and I'm afraid that I forget who the prisoner was, where he absconded from custody. His original detention was held to have been unlawful, therefore the charges of absconding from _lawful_ custody were dismissed (that didn't stop the CPS from trying to bring them in the first place though).
Thank you, this is really useful. Like many people I use Waze as a sat-nav (as car maps are often out of date, expensive to update, and they stop updates after a very short number of years). My iPhone is secure in a magnetic mag-link cradle while driving and I set the destination before starting.
What makes this video so useful, though, is that Waze has hazard report buttons that you can report hazards, traffic jams, etc. to other drivers (and also notifying when a hazard has been removed) - this is easily done while the phone is secured in the cradle, so I'm very happy about warning other drivers of hazards is not illegal. 👍
Great vid as ever, Daniel, on a subject that seems to send people into a whirlwind. Completely differently, wondered if you have any thoughts on the Trudi Warner matter? Hope you and lovely wife and Floof and son are having a beautiful weekend.
NO I would say.
....and this is why I am not a lawyer or Barrister or anything 🤣
As a professional hgv driver I don't use the Phone, it's off and in my bag! On a quiet stretch of motorway I did try it once! The lack of awareness shocked me! Just a second and I was over my lane line! That's all it takes is 1 second! I did it as an experiment, but we've all done something stupid when drunk😅😄😃🤣
@@terrystratford1235 🤣🤣🤣🤣
I'm half joking here but if the device is securely in a cradle does it mean I can still use it while I hold the cradle in my hand? 😉 This law is very specific but doesn't actually prohibit holding the cradle itself, does it? 😅 Or holding a gimball (which is not capable of transmitting information etc) while a camera is attached to it?
I passed my test using a mobile phone in its cradle. The examiner gave me a massive tick. Now I am not without my mobile, cradle and all, like most people
The gimbal becomes part of the device when being used, so a phone in a gimbal which is held in the hand becomes a hand held phone. The phone needs to be secured to the vehicle if you want to make contact with it.
@@michaelkaliski7651 well, I thought of that earlier and I don't think the law says anywhere that a cradle or gimball become the device. In fact, just thinking logically - if you eat soup with a spoon does the spoon become part of the soup and therefore you eat your soup with your hand? 😉
As for the 'secured to the vehicle' part - I'm not sure if the legislation actually spelled that out and if it didn't then you could just have your gimball/cradle tetheted to your air vents so that it becomes attached 😄
Also in my understanding of this legislation you are perfectly fine taking pictures using an analogue film camera because it can't send or receive data which I find quite hilarious 😀
@@michaelkaliski7651 Many thanks and I shall tell me daughter, when she goes in for her test, and she can tell the examiner that she is within her legal right to use her mobile phone.
I passed my test recently and plopped the unlit phone in the cradle before the test. The examiner seemed unimpressed.
She was quite shirty and in a rush as I took my time getting in. I was starting up the GeoTracker app to record where we drove. It was only 7 miles at 15 mph over 37 minutes.
Of course I didn't start the sound recorder too as that's not allowed apparently 😊
I am in Australia. I believe that, here, am unable to touch my phone in ANY WAY. But, a phone linked to the 'system' can have the system answer by voice. BUT and AND, there is a cut-out for hand held microphones; for example a radio handset. So, police use handsets to answer radios. And, for other users, if they use a handset with a microphone, it has the ability to be used in the same way. So, I am an Amateur Radio Operator, and CAN and DO use a microphone to answer or initiate a radio call and continue a contact. That is like what a police person does!
There are certainly many videos we see where someone is filming a collision or something happening while vehicles are on the road. It’s helped many to prove their case. Hey, thanks for this info, several laws I’ve wondered about 😊 That’s assuming the laws here in the states are the same or similar…They probably are.
HELL NO ...... Seriously - *They probably AREN'T*
UK & US law can be surprisingly different
But then - Laws differ between US States too
@@Farweasel I just checked, my state it’s a $500 dollar fine for not following cellphone rules while driving. Hands free for all things is fine. As far as if ok or not…law is pretty much the same…standard.
Think there needs to be an amendment, on the amount of time you can stare down intently looking at your crotch area.
Probably started to notice this strange behaviour about 10ish years ago, but has become really noticeable and prominent in the last 5ish years or so.
Also some other people really need to go to a specialist, to have them diagnose why at night their crotch area lights up, illuminating it so we can see under their chins and their cars roof lining, like ET's finger did back in the 80's, just another distracted time they like to spend staring down at their crotches.
Yep, soooo many times I’m behind someone and you can’t see their eyes in their rear view mirror, only the top of their head 😡
@@stung3848your headlights are too bright and the rear view mirror has an anti dazzle setting
This example is one of the many that prove that our whole judicial system needs to be uprooted and modernised. There are far too many grey areas that contradict laws and legislation that are confusing to the public and allow the judiciary to literally hold the public to ransom in court.
The whole judicial system. Really? Good luck with that.
@@redmed10 I know it won't happen as too many people have too much to lose if it happens, from the elite politicians to the judiciary themselves. But we can all have hope.....
@@maldaley235 and who would design this new judicial system. You? The law constantly evolves like language. Changing something root and branch normally is something autocratic leaders do.
@@redmed10 Certainly not you because you're sounding like a pishy bed wetter. You can live in an outdated world because it sounds like it suits you.
It's the same as interacting with any other fixed position button, stalk or screen as part of the dash or steering wheel. Their use isn't illegal but can be equally distracting.
That was all very clear. I wonder about the use of smart watches connected to the phone in a cradle. It's on your wrist and not in your hand but can do a lot of phone-like things. To me it seems as dangerous as holding your phone while using it.
As a biker I honestly hate people who use there phones while driving
However these days cars come with effectly tablets in the dash which works exactly like our phones, yet that's ok to use while driving 🤷🏼♂️
Anything impeding your view of the road is an offence. Not just the fluffy dice. Holding any phone conversation is proven to establish a failure of due care and attention in every instance. It's a neurological problem. Even a Satnav is a distraction from the road if you are following the map and not the audio. Placing the screen below the dashboard is worse still. All unwelcome information, but unless you are a Red Arrows pilot, your ability to process data is more limited than you think.
Another Great video BBB, thanks.
Does this also include Google watches and the like? As they are not held in the hand but attached to your wrist?
I'm not sure if this has been asked before?
That’s why I like controls on the steering wheel!
The law was changed due to the "Ramsey Barreto" case. He was accused * of using a mobile phone whilst driving but managed to defend himself in court because it was being used as a camera and not to make a call.
* according to Ramsey it was actually one of his kids reaching across him from the passenger seat taking the photo but the judge didn't believe him.
Most minor offences have to be dealt with within 6 months of date of offence. If a fixed penalty ticket hasn't been paid, it'll go to court. However, the police have to lay the information before the court within that 6 months in order to raise a Postal Requisition (basically a summons with a court date) or a Single Justice Procedure ( court paperwork requesting a plea and matter dealt with in absence and youre sent fine and notice of penalty points. A magistrate, on receiving an SJP, can accept guilty plea but can order attendance at court for sentencing if feels that, for example, a disqualification from driving should be imposed. On an SJP, you can request attendance at court yourself or otherwise submitting a not guily plea will result in court date being sent for your attendance.
Whatever is sent, the court date can be at any time after the 6 months from date of offence.
I think a lot of people are of the opinion that any touching of anything electronic at all is completely illegal, and avoid doing so for fear of being caught and prosecuted.
A prime example of this confusion is also applicable to what is occurring in Wales with the 20mph limits being introduced, people are doing 20mph on roads that were national speed limit before the change, and remain NSL following the change, just in case and out of fear of being caught out.
Uncertainty is a bad thing.
Unfortunately even posting the limit doesn't help with this, there is a road near me that has been a 40 limit for the 12 years I lived here, the road is a fraction over a mile long (1.07 miles according to google maps) and I've counted 7 sets of signs clearly displaying 40 but even then you rarely get to 40 because nobody seems to see the signs and they only go 30.
I have no problem with this myself, the problem I have is the amount of times people come up behind me at 40 (usually more I'm pretty sure) then have to suddenly slow down because I'm stuck behind someone only going 30, thankfully no incidents as yet but I'm fearful of the day an inattentive driver goes into the back of me because of this.
But the national speed limit has changed to be now 20 MPH, so if previously roads were national speed limit (30 MPH) and are still national speed limit, then they have in fact changed to 20 MPH, despite their designated status not changing.
@@simonneep8413 I understand what you're trying to say, but the national speed limit is 60/70mph depending if it's single or dual carriageway. This is reduced to 30/50mph (20/40mph in Wales) in built up areas.
However according to the Highway Code, "Rule 124. You MUST NOT exceed the maximum speed limits for the road and for your vehicle (see the speed limits table). A speed limit of 30 mph (48 km/h) generally applies to all roads with street lights (excluding motorways) unless signs show otherwise." I assume there must be a revised version to include the new rule in Wales, but haven't seen one myself if there is.
@@jollybodger Exactly and therein lies the confusion. I thought the NSL applied when you get the white sign with the black line - then it's 60/70. But then there's also the NSL which is 20/30.
From gov dot uk
"National speed limits
The following speed limits apply to all single and dual carriageways with street lights, unless there are signs showing otherwise:
30 miles per hour (48km/h) in England, Scotland or Northern Ireland
20 miles per hour (32km/h) in Wales"
Followed by a table (for different vehicle types) of limits in built-up areas, the for single and dual carriageways and motorways.
So it seems there are two NSLs (well 3 now thanks to Wales), and it's up to you to count the spacing between the street lights and watch for the lack of speed repeater signs. Which means if you don't know the area you'd better be doing 20/30 until you see a repeater sign confirming otherwise (or you're good at eyeballing distances between street lights). Isn't there usually a 30 sign when the speed decreases from say 40 (in England at least)? Hang on, i'll go fetch my can of worms...
It takes longer for me to change the heating in my car than it does to press the answer button on my phone. The same with changing the radio station. Modern cars seem to be designed to be as distracting as possible when you're driving them.
Thanks for the clarification. Btw if you drop your phone and bend down to pick it up you're not driving with due care and attention - 100%. Only takes a second/fraction of a second of a distraction to make a mistake. + Use a cradle with care it's still somewhat of a distraction.
You won't be able to breathe soon unless you're in a cradle. Follow no rules, ya bunch of robots!
It is completely astounding that a vast majority of people don't know how to use the voice command on their cell phones so that they don't have to touch their phone at all. It blows my mind.
Usually that doesn't work if the screen is off, unless it's plugged in. Otherwise it would drain the battery. That may be why the added the turning the screen on but in the law.
Great video as always thanks Daniel 👍 but do you know if we can still use CB radios?
i was going ask the same i drive lorries and one company did heavy haulage and the escort drivers and lorry drive use CB to communicate especially around tight areas like roundabouts and near street furniture
But not those Zello radios
If it's in a cradle it's just the same as a button to turn on the radio. (changing stations could be a distraction but usually it's just another (single) button press...)
Nothing more dangerous than taking your hands off the steering wheel to change gears; especially for those who need to look at the gear shift.
Do you think it's common for people who have their license and are not in a new car to be looking at the gear stick? I haven't seen much of it myself.
@@Rob-ex8st seen lots of it, unfortunately.
@@Rob-ex8styeah I mean it was a while ago but I think I stopped looking at the gears within about 2 minutes of first driving a car
Thanks. I do not take calls when driving - simply somebody may annoy you and this would cause distraction to driving or if conversation goes too hot it would distract you as well. so phone lays in the compartment where it is secured (did not bother with cradle as I use satnav) and it is on silent too.
What about the police using their radios when driving, it’s the same thing…..”but it’s ok when we do it” 🤔
It is okay when they do it (speeding for example)
Thank you
'Recieving food immediately' - Usually people pay at one widow then drive to a second and be at the mercy of its availability when you get to there. Could we fall foul of that situation?
Those locations where food to go is ordered/paid for are most usually on private property as opposed to the highway so I think the highway code rules would not be enforceable on private land.
There was some uproar here in South Australia when police pointed out that fast food drive throughs were considered a shared area, and road rules still applied, so drivers could still be charged for using mobile while in control of vehicle.
But the legislation does not use the word "immediately", it says "for a good or service which is received at the same time as, *_or after_* , the contactless payment is made".
The bottom line is, ANYTHING that you do whilst driving *could* be illegal *if* it causes you a distraction. The Reach Group of newspapers love publishing stories about this, like wearing flip flops, sunglasses, moving out of the way of emergency vehicles etc. etc.
One thing that really gets me is when you see police car drivers chasing at speed whilst talking to their dispatcher or colleagues on their chest phones. Just watch “The Intercepters “ if you don’t know what I am talking about.
Thank you. Really concise explanation. How do smart watches feature in the legislation?
Listen to the man - it's not handheld is it