UK Police officers advice only please.?

Question

If you are parked safely in your car but still have the engine running, would answering your mobile phone still be illegal? Or does it have to be turned off. Ive heard different opinions on this but just want to know the facts, thanks.

Answer 1

If you are in control of the steering and movement of the vehicle then you are technically driving so the offence would apply.

In the case of mobile phone use, if your engine was off, you probably wouldn't be prosecuted but technically could be.

The offence does however state that being stationary with the engine running at traffic lights is committing the offence.

Answer 2

If the engine is switched on it implies there is intention to drive,  if the engine is switched on & you are using a mobile the implication is you intend to drive while using your phone.  

If you need to speak to someone on your mobile, pull over & switch off the engine.

Answer 3

The offence is specifically designed for road safety and so you would have to be "driving" to commit the offence. (Stopped in traffic or at lights is still driving though.)

Answer 4

There is a stated case that says parked with the engine running with the driver behind the wheel has been held to be driving.

If you were parked at the side of the road (not at traffic lights!!)with the the engine running and handbrake set I would NOT see a problem with that. What you are doing is sensible and its a shame more people don't stop. Despite the penalty changing to 3 points, people still drive and use the phone. Everyday I see some idiot not paying attention because they are using their phones.

As a result everyone I see on duty gets a ticket and they rightly deserve one.

Answer 5

Turn the engine off and remove the key from the ignition. When it is running it is classed as driving.

Answer 6

if the car is not in motion then its fine, that does not mean if your stopped at traffic lights or in a jam you must not be driving your car

Answer 7

If the car is stationary there is no offence.

Answer 8

The offence is using a hand held device whilst driving.

As you are parked you are not driving but you are still in control of your car.

A car only stops being in use when the handbrake is applied and the engine is off.

As long as you have pulled over you are fine.