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Old June 9th 20, 05:23 PM posted to uk.rec.cycling
jnugent
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Default “I was just playing on my phone”: driver’s excuse when cyclist asked why he’d stopped

On 09/06/2020 14:05, Kelly wrote:
JNugent wrote:

On 09/06/2020 09:11, Kelly wrote:

JNugent wrote:
On 08/06/2020 21:13, Kelly wrote:
JNugent wrote:
On 05/06/2020 17:45, Simon Mason wrote:

Terrible "excuse".
QUOTE:
It would be highly amusing if it wasn't so dangerous, as the driver of this trailer-towing Ford Ranger seems to think playing on your phone is a reasonable excuse for crawling along a country lane, before coming to a stop and then moving off again.

According to the cyclist who shot the footage it happened near Kittochside in East Kilbride, where she was faced with the vehicle moving very slowly on the country lane. It then comes to a stop and the cyclist thinks he is letting her overtake, but then the vehicle starts to move. She said to the driver "I thought you were letting me past", to which he cheerfully replied: "No, I was just playing on my phone!"

The cyclist claims he then proudly showed off his mobile to advertise the fact. After hearing the driver's explanation, the cyclist can be heard saying: "Absolute cracker". Not the sharpest tool in the box and one that hopefully can be prosecuted with a number plate clearly visible...

https://road.cc/content/news/cycling...ne-2020-274121

Was there a double-yellow line at the side of the carriageway?

But he was undoubtedly acting unlawfully, double yellow or not.

How can it be unlawful to stop where stopping and waiting are not
prohibited?

A double-yellow doesn't even *mean* "no stopping".

But that is is not what this incident is about, is it? Here we have
evidence (all on video) of a driver in control of a vehicle which is
moving slowly before stopping in the middle of a single track country
lane. A cyclist comes up behind the vehicle, waits for a little while
and then starts to creep past it, only for the vehicle to start moving
again before stopping again. She (the cyclist) eventually gets within
speaking distance of the vehicle's driver and says to him, "Sorry, I
thought you were letting me past."
To which the driver replies, "No, I'm playing with my phone!" as he
proudly shows her his phone.

The unlawful act is not the driver's stopping and waiting, it's the
use of his hand-held device while driving. He must still be driving
because the vehicle is moving, albeit it intermittently, all this is
cleary shown in the video - anyway, even if it had been stationary,
who safely parks a vehicle dead in the middle of a single track
country lane?

QUOTE:

When can you use a phone in your vehicle? The law is clear on when
you can use a hand-held device behind the wheel. It is only legal if
you are safely parked - and this does not include waiting in traffic
or stationary at the traffic lights. [...]

Can I use my phone while driving if I'm not moving? Contrary to what
many drivers seem to think, the law still applies when your vehicle is
stopped at lights or in heavy traffic. If your engine is running,
your phone should be nowhere near your hands. This is still the case
if the engine stops automatically to save fuel (called 'start-stop
technology’). [...]

What are the penalties for using your phone while driving? ... Today,
it is a Fixed Penalty Notice of £200, and six penalty points on your
licence.

UNQUOTE

https://www.rac.co.uk/drive/advice/l...le-phone-laws/


I am dead against the use of handheld phones whilst driving, but does
picking up and showing an item to someone count as "using" it and if so,
has that principle been tested in court?

Asking for a friend.


Maybe you could tell your friend that I don't know if that
principle has been tested in court, but I wouldn't like to be the one
to test it. And, until some brave soul does, I'll be content to go
along with the RAC's advice which is: " If your engine is running,
your phone should be nowhere near your hands."

PS: If the road is a genuinely single-track road, it really doesn't
matter whether a stationary vehicle is up against the left verge, in the
middle or up against the right verge, does it?


No, you are right, it doesn't - it will still be causing a total
obstruction wherever. Doesn't it follow, though, that you can't
possibly safely park your vehicle in such circumstances.


It *does* and that is the best argument against what the driver
allegedly did.

In practice, though, when in the middle of nowhere, it hardly matters.
And of course, there could be any number of reasons why a vehicle might
have to stop: illness of an occupant, mechanical breakdown of various
sorts, need to avoid a collision with a human or an animal. The list is
never-ending.

Best, I
would have thought, would be to wait for somewhere you can pull over
and into before safely parking your vehicle there. Then, switch off
the engine and play with your handheld phone to your heart's desire.


That would indeed be best.
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