Thought I'd read it on here before. Seems absolutely mad. You're basically being charged for wanting to keep yourself COOL!
I got done for this over here about 3 years ago.
My phone rang and I pulled into a car park.
I stopped my van, put it into neutral and put the handbrake on before taking the call.
Low and behold the Sweeney pulled up along side me and charged me with this offense, because my engine was still running, 'king bullshit.
Yeah, it's stupid. At what point are you charge of it? If the car is in the car park and you've got the key in your pocket, aren't you in charge of it then?In that scenario you'd be guilty of Drunk in Charge of a Motor Vehicle as there's no driving element.
What if you use your phone on the windscreen as a sat nav? You are stopped in traffic and the nav app finds an alternative route. You have to touch the phone to confirm you want to go the new route. As I said, stopped in traffic. Because this happened to me when stopped in a jam not moving for for 5 min on the m25. Nav asks to go an alternate route, I check to see where and confirm it. I was stationary with the car in 'park'. Not on a call or text. Then a copper that's in a police dog car alongside my drivers side just behind, gets out of his car knocks on my windscreen and threatens to have me prosecuted. I said it's a sat nav and he argued it's a phone and I said a phone could be both. He said you still aren't allowed to touch a sat nav whilst driving or even being in a vehicle when stationary. Pathetic! (He didn't mention the engine running)
What about a radio? Or the heater? Or the windows? The law is an ass and doesn't do enough to stop those that are really endangering public safety. This kind of thing just reduces respect for the law and waters down the real issues.
This seems to explain the position clearly for many situations such as sat nav, smoking, etc
http://www.chroniclelive.co.uk/news/north-east-news/driving-laws-changing-heres-you-12669480
What about a sat nav? That can be hand held? And with Bluetooth can make calls and texts?
I know what the law says but it's daft. It waters down the real issue of people driving and texting or on the phone to the ear whilst driving.
Does the law also cover phones that are voice activated? You can have your phone sitting in the door pocket and not connected to the in car hands free, but still get Siri to read out a text or tell it to reply and voice a message. It's a handheld device, on in the car that you are using, but you aren't touching it. Still in control of the vehicle? Yes I'd say so. Trying to adjust the heater for moaners at the rear requires taking a hand off the wheel, eye off the road and adjust. Still in control of the vehicle?
Too many grey areas. The law should state that you cannot use a mobile device of any kind by holding in your hands of looking away from the windscreen whilst the vehicle is moving.
Yeah, it's stupid. At what point are you charge of it? If the car is in the car park and you've got the key in your pocket, aren't you in charge of it then?
So basically I should have switched my engine off on the M25 in January to accept the new route as i was stationary in a Jam with the car in park. Again, what a stupid law. It waters down the real issue of public safety.
The more common offence of Drink Driving specifies "Drive or Attempt to Drive". Technically if you have the keys then you are in charge of it.
So, if you have your house keys and car keys on the same key ring, go out for a drink, and whilst coming home walk past your car you are breaking the law?
Right, so if you're at home having a glass of wine, you're Drunk in Charge of a Motor Vehicle. Brilliant.The more common offence of Drink Driving specifies "Drive or Attempt to Drive". Technically if you have the keys then you are in charge of it.
What about listening to the radio? I shout at the radio sometimes as I've been concentrating on what the presenters have been saying. Especially true of Radio 4Handsfree should fall into the same category. A heated work or personal call can mean that concentration upon the driving in hand is severely reduced.
Quite possibly you are technically but it's unlikely you'd give OB any reason to search you and if you did, they would still have to prove to a court that you were "in charge". It's a bit of a grey area and I've only come across it once in "real life"; a bloke was in the car in a supermarket car park, in the passenger seat with the engine running to keep the car warm while his wife (who had driven them to the pub) went in for a couple of items. No suggestion of him having driven but he was deemed to be in charge.