Silly mistake for a driving disqualification

Using your phone at a drive through can get you 6 points and a fine on your driving licence unless you use it within the exemption!
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[@cerij4242]

Distracted while driving sounds like nearly every new car these days, so many distractions even the heater has haptic controls. Virtually nothing in the car you can use by feel, you have to take your eyes off the road to scroll through multiple menus.

[@mattwoodford1820]

Its highly likely that on a journey of over 30 minutes the driver will, at some point, do something that could amount to driving without due care and attention

[@dougaldouglas8842]

So do not do it

[@Osiris9216]

@@dougaldouglas8842not that easy, my car has no manual controls for the direction of the heater, if I have the heater pointing towards me and need to put it towards the window if it starts steaming up, I need to press the menu button where my heater controls should be, then use my touch screen to put the fan direction where I need it. If I just don’t do it I can’t see where I’m going.

[@bobuilt10]

It's a bit impractical to have to stop to turn on the demist function or adjust the cabin temperature. Car designers need to get over this minimalist view they have for cars and start designing around the driver again. Putting the speed in the top corner of a touch screen in the centre of the dash where it is difficult to see in direct sunlight is another bad habit they have developed. What on earth is wrong with having the speed clearly displayed in front of the driver to minimise the length of time their eyes are off the road?

[@july8xx]

@@bretton_woodsdoes that include turning on your windscreen wiper. One car I rented required to use a touch screen on a second screen.

[@williamfence566]

As a HGV driver I can look down into cars and it's now extremely unusual to see a driver who is not using a phone. Texting at traffic lights appears to be mandatory.

[@Pcaddictt]

As I have seen many hgv drivers too, but more blatantly

[@st200ol]

Get yourself a head-cam and report them, please, please, please. Thank you.

[@andywatts8654]

Texting at tracing traffic lights is perfectly safe that’s why

[@andywatts8654]

St200 you weirdo - there not harming anyone. Get a grip

[@kippertrace5808]

St200?

[@joeb5316]

Two weeks ago, I was nearly struck by a woman coming out of a drive-through window with her eyes glued to her cell phone. I luckily had the opportunity to leap back in time. She never even looked up and kept going.

[@sarahlivingstone8367]

I do find it funny that you can't use your phone but most cars have massive screens to change everything from air temp to putting the wipers on.....

[@icouldbewrongicouldberight]

They gotta keep making cellphones convenient

[@badabing8884]

But if you’re distracted by it and not in control of the vehicle you can still be prosecuted for it.

[@cjh0751]

​@@badabing8884There are massive touch screens in cars which in my opinion are far more dangerous. The driver tap tap taping at 70 miles an hour down the motorway 8s a distraction.

[@khalidacosta7133]

Mine runs whatsapp / facebook / insta. As long as no 'moving images' are on it, it's legal!

[@critch.]

Different type of distraction. Studies have been done that show how mobile device interaction affects a portion of the brain that's not affected when drivers operate other controls. It's the same portion of the brain that makes a driver turn down the radio or music volume when they get lost or find themselves on unfamiliar roads..... So they can concentrate more. If you've driven for any length of time you would have done this. Partly the reason why specific legislation came out but the average person doesn't accept this, well because they know better...

[@cindyfaulkner5725]

If you are within 2 years of passing your test 6 points will cost you your licence and you will have to reapply for a provisional licence and retake both your theory and driving tests before getting your licence back

[@primafacie5029]

And the insurance company will charge you a premium for the rest of your life...

[@ZachAsaD]

My 2 years will be up in August, can’t wait 😂

[@mdog2501]

​@@ZachAsaDwhy? 🤔 If you drive well and within the law then you shouldn't need to worry about getting points. Will definitely be avoiding you on the road!

[@MrDAV991]

I agree with not using devices when in control of a vehicle 100% the amount of people I see in the fast lane sending txt at 70+ mph the law isn't harsh enough for them. I don't think it's fair to get points and a fine when did they start doing that? You don't have to be in the car to get a DUI just the keys on you is that really fair. Do police cars have multiple devices added to there cars + personal ones. should the police person I walked past the other day be subject to this as engine was running wile he was scrolling threw his phone on the side of the road as traffic drove around him?

[@cindyfaulkner5725]

@@ZachAsaD hope you have learnt from losing your licence

[@TehJumpingJawa]

Overly specific regulations like this are such a waste of time drafting; they quickly become irrelevant, or absurd for new use cases that couldn't be foreseen. Case in point: - You've ordered your McD's through the app. - You arrive at the drive-through. - You pick up your phone to read off your check-in code at the 1st window. OOPS! 6 points! The regulations should've either clarified the definition of 'driving' to exempt stationary vehicles, or made the 110 exemptions broader in scope, but explicitly require the vehicle's handbrake to be active throughout.

[@urbanshadow777]

Its amazing because McDonalds pressures you to use the app every time you go through the drive through.

[@DelH555]

Any copper doing you for this will find his name on the Karma gates of hell.

[@Rbourk252]

It won’t be long before we have the burger and fries police at every takeaway.

[@derektaylor2941]

Only a few days back I 'phoned police to report a driver on the wrong side of a 70mph dual carriageway. They weren't interested (true story I'm afraid). Tonight I saw 2 units sitting on side streets, lights off watching for drivers breaking the rules for the new box junctions their pals at the council have just installed- and this was 10pm ish when traffic was light. Just think on that.

[@ChoppingtonOtter]

Well, you'd get a ban unless your a football player or Katie Price.

[@hairyairey]

Not always true. Remember the fine that a celebrity Geordie received for drunk driving?

[@ChoppingtonOtter]

@@hairyairey who was that?

[@hairyairey]

@@ChoppingtonOtter £86,000 fine and banned from driving for at least 15 months. There are not that many celebrity Geordies, especially one that's part of a "couple".

[@SubjectiveFunny]

My friend recently had 12 points but went in front of the judge and didn't get banned because he needs to drive for work. He is a lorry driver. The system works, kinda..

[@georgepatterson3428]

Katie whatshername has been disqualified from driving SIX times

[@Crusty_Camper]

That makes me think about the situation which we often do. Some country pubs allow camper vans to stay the night in their carpark provided we eat and drink in the pub that evening. So, having had a drink, with no intention to go onto the road or to move the vehicle at all, would the driver be liable as being drunk in charge of the vehicle, or however the actual offence is worded?

[@johnpatrick1588]

In 50 years I have never seen an accident in a drive through.

[@ForburyLion]

Me neither, but that's probably because I'm too busy watching videos on my phone 😂

[@yessanknow302]

@@ForburyLion

[@robmontier3770]

I've never seen a plane crash but it happens.

[@tagus100]

"There is some degree of discretion that the police are going to use" And the Comedian of the Year award goes to...

[@cjh0751]

The Tories?

[@DMC888]

That’s reserved for their colleagues.

[@thedoctor007dfw]

I used to be a Special Constable and let a few people off with words of advice who were using their phones whilst queueing in traffic. One woman had her 6 year old son in the car, but I decided against the ticket.

[@MarkOfTzeentch]

How kind of you to not be a total cunt for that one day@@thedoctor007dfw

[@hairyairey]

​@@thedoctor007dfwyes it's definitely possible to show discretion if there's a good reason to do so. Doesn't always happen to me though, BTP seem to have kept records on me going back over 15 years despite not having committed any offence!

[@alanw8311]

But it's within the law to stare intensely at a Tesla infotainment screen while driving on the motorway at 70 mph and scroll through the menu at will to change the aircon temp or drive settings, while being totally distracted from the road conditions. What a crazy exemption that is in my view.

[@paulmartin9194]

Makes no sense

[@icouldbewrongicouldberight]

That's driving without due care/reckless, surely

[@dickybird6916]

And the new gen model 3 has its controls for forward and reverse on the screen too.

[@sedulousdabbler5468]

At McDonald’s, when you have ordered and paid via the app, on arrival at the restaurant, the app asks you choose an option for collecting your order. Are they then aiding and abetting an offence. Are you supposed to park your car, get out, choose the drive through, get back in the car and continue. Most coppers in the car park will be committing the same offences as you and won’t want their food to get cold.

[@etiennebaree6176]

in Belgium ( flemish part ) from now using your phone while driving you have to pay a fine and you are banned for driving for 15 days .....

[@xTerminatorAndy]

AMAI DAS GOE NIEUWS :-)

[@rollyunicorn]

That's probably still preferable and possibly more fair than getting 6 points like here in the UK.

[@alexmarshall4331]

In South East London (the phlegmish part) residents die due to air quality 👉🤢👈

[@romahome007]

and the irony to all this is that i see more people using there mobile than before, i drive a wagon and every time i look down and over in traffic some one, normally taxi drivers are on the phone.

[@glenn1534]

Agreed. I'm primarily a pedestrian in a big city. Approx 1 in 10 drivers are using their phones while they pass me. Time for some instant bans and more officers out catching these people driving dangerously.

[@andywatts8654]

Ridiculous exaggeration

[@glenn1534]

@@goodlookinouthomie1757 it should be in a cradle though. There are no excuses for holding a phone whilst driving.

[@natureseyemusic]

@@andywatts8654 You really are a dick. I see it every day.

[@natureseyemusic]

@@goodlookinouthomie1757 Hands free?

[@701Adventures]

If you drive with your mobile wedged between your ear and your shoulder is that classed as hands free? Technically it is as you can still put both hands on the steering wheel. 😂

[@NorthernsoulBoy63]

I was done for using my phone in my car while stuck in snow . I was calling to get help

[@yessanknow302]

....and swigging whisky to keep warm.

[@dannycasson2487]

This must be why so many police officers spend 98% of there shift in McDonald's

[@cindyfaulkner5725]

My phone stays in my handbag, I have Bluetooth so I can answer a call hand free but unless I pull over and stop the car and park up, then put the hand brake on and then route through my handbag to find my phone and my glasses there is no chance of me being able to make a call not even by handsfree as I don't know how to talk to my phone to get it to make a call. Most of the time my handbag is on the backseat.

[@barryfrench2534]

Unless you are referring to a system where the phone is linked to say a set of earbuds, a vehicle with Bluetooth installed will have an on board menu where numbers can be stored and a keypad allowing calls to be placed from.

[@cindyfaulkner5725]

​@@barryfrench2534it is an on board Bluetooth I have a connect and a disconnect button on my steering wheel I have no idea how or where to program in phone numbers I had to get my son to connect my phone to the car. I'm not really that bothered about setting it up to make calls, if I need to dpeak to someone that desperately then I would pull over and park up in a side street if it was that desperate but on all fairness I don't like to drive and talk on the phone, normally even if someone calls, I tell them that I am driving and will call them back later.

[@MM0SDK]

Yet all McDonalds ask at the drive through when ordering - "Are you using the McDonalds app today", prompting people to reach for their phone?

[@zalidthebur]

Until I saw this video I had not considered that aspect. All drive-throughs I've used (McDonanlds, Burger King and KFC) ask for the code when you are at the order kiosk. So it looks like you could be done for that. I guess technically you could be done for that exact same thing at the payment window as you are only allowed to use the phone to pay. Must admit I don't know where the heck I stand with all this. Maybe I need to write the code down on a piece of paper and use that. I totally agree with not using your phone, but there has to be leeway in these circumstances.

[@derektaylor2941]

@@zalidtheburit has already been explained that using your 'phone for this purpose in a drive through is permitted.

[@Cod245]

I'm assuming from this that if it's winter and cold, and you're in a safely parked car, you can't use your phone if you have the engine running to keep warm. This is from the Metropolitan Police website. It’s still illegal to use your hand held mobile device if you're: stopped at traffic lights queuing in traffic supervising a learner driver driving a car that turns off the engine when you stop moving holding and using a device that's offline or in flight mode when driving your car You can use a hand-held phone when: you’re safely parked and engine off you need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop you're making a contactless payment in a vehicle that is not moving, for example at a drive-through restaurant you're using the device to park your vehicle remotely

[@MrPaulc222]

That's a new one on me as I thought it only counted on the public highway. I'm glad I saw this, not that I use my phone while driving.

[@Richard_Barnes]

Far easier to just have a debit card to hand and it negates this whole load of BS.

[@HappyBagger]

or cash

[@mrhouse3826]

That's right - just be subservient to the systems they impose on you (just for convenience) 1984 here we come!

[@timballam3675]

Hmm contactless is radio comms.......

[@hairyairey]

​@@timballam3675you can still insert your card and enter your pin!

[@Richard_Barnes]

@@timballam3675 yes but legal to use in that one and only scenario. Otherwise illegal.

[@karldingbat]

My boss seems to think if we are driving his calls take priority over law, he has disciplined more than 1 employee for not answering their phone 👎👎

[@mattwoodford1820]

Does your boss pay the fine and take the points too? Sounds like that employee may need bbb's email address!!

[@icouldbewrongicouldberight]

Colleague could get that sorted under employment law

[@xTerminatorAndy]

he sounds like a berkley hunt. Toxic, get out whilst you still can!

[@SnowyAspenHills]

Make sure you record a conversation when you haven’t answered a call then call later when you can safely do so and get him/her telling you that his calls supersede the law then when the boss does ever go to sack you you can blackmail them or send the recording to the police.

[@stum8374]

​@@SnowyAspenHills you have to tell the boss your recording them first and if not it could well be entrapment which a judge would not like in the uk.....oh blackmail is a no no.

[@Pcaddictt]

It just gets worse, some of the higher end cars, mercedes for example are having so many screens up front its not just using them is destracting just them being there can be.

[@fortuner123]

The police officer would have to be a pretty sick, mean character to nobble someone at the drive-through desk!

[@micheallastname5772]

You ever visited Essex?

[@craigwatters127]

Have you ever interacted with the police???

[@deeplearning7097]

Comprehensive, very nice, thank you.

[@JayDutch-UK-MK]

probably best to stop going to a drive through, best for health and best to avoid points. McDonalds ask for the Code and the app allows the order to complete and payment. So at the speaker you have to pull out phone to confirm the code and then that completes the payment. So sounds like you could still get prosecuted despite being stationary at the speaker.

[@ju5t1nc]

You're still making a transaction

[@JayDutch-UK-MK]

@@ju5t1nc but not when you are checking the code

[@mrhouse3826]

I agree it's best to avoid drive thru's, but to avoid being served human meat mainly!

[@HappyBagger]

Do these places not take cash any more? I ask as I haven't been to one for over a decade to be honest

[@JayDutch-UK-MK]

@@HappyBagger a lot dont, as far as i am aware

[@kathrynhobbs8874]

Using phone = points……. Using satnav when it goes bonkers = everyday life

[@feanor5037]

Using phone only = points if it's not in a cradle, you take it out of the cradle while driving, or your use of it crosses the threshold of driving without due care and attention or you use it for watching any video.

[@johnpatrick1588]

Vehicle violations are one of the few things the gunless cops/watchmen seem to do there. Catching criminals or stopping violent crime is not their thing. Remember one police dept used a helicopter to take video of nurse driving with an apple in her hand. Ten court dates later she was fine $150 but it cost the government $400 to punish her not including the cost of the helicopter. So traffic violations are high on the list.

[@icouldbewrongicouldberight]

You've got the same legal system quietly in place 🌈

[@grahvis]

The use of mobile phones while driving is a distraction that kills. Would you say the same about someone who was driving while intoxicated?

[@tanderson278]

Thanks for this. Thanks for also highlighting about smartphone use in the cradle, as many comments have been made on CyclingMikey's channel, stating such as, using Facetime is legal if the smartphone is in a cradle.

[@rbir2653]

What is the chance of the cops at mcd? I take that back

[@paul756uk2]

Lucky that Krispy Kreme don't have drive thrus.

[@urbanshadow777]

My local McDonald's is right next door to the police station

[@jimdavis5230]

When an ex-work colleague of mine was banned from driving he came into work to really upset the boss and was sacked. He did that so he could claim benefits straight away. I remember him saying that with a wife and four children living in a rented house and no more cost of running a car, he was better off not working. When his driving ban was over he didn't apply for his licence back and just remained on benefits for years.

[@incandescentwithrage]

I'd be very interested to see how the maths worked out on that. Clearly your ex-coworker was an idiot

[@TheTechAudiophile]

Such a fulfilling life on benefits eh 😂 Some people

[@dopiaza2006]

Your ex colleague should not have children, especially four of them.

[@Trevor_Austin]

@@incandescentwithrageAre you an amateur arse or semi-professional? There is no waiting time when you are sacked. Working a 35 hour week at minimum wage with rent, council tax, utilities to pay plus household bills and and six mouths to feed will yield very little in disposable income. A proper benefits claim will give help with rent, council tax, free school meals, free prescriptions and eye tests, heating help, warm homes discounts, cost of living support and lower cost broadband. Assuming private rented accommodation and four children under 16, this person’s total benefits will yield £508.15 weekly. Additional benefits will be no costs of commuting, no getting up early and no stress. If @jimdavis5230’s fiend is in social housing then the benefit is even greater. You did do these sums, didn’t you?

[@incandescentwithrage]

@@Trevor_Austin A professional. 4 kids and a non- working wife in a rental.. while earning minimum wage as you've theorised. Quite the family.

[@johnpatrick1588]

On the current trend vehicle violations may be coming to an end. Cars will be banned in towns and cities or the tolls will be so high it will be unaffordable to drive. They may find a way to give you tickets for certain behaviors on the crowded buses.

[@BlueJDev]

Literally had a guy at traffic lights heading towards a hospital a few weeks ago, had his phone in the cradle and was watching a KZbin video! Just ridiculous!

[@derektaylor2941]

What is surely worrying here is that parliament is made up mostly of lawyers. Yet their drafting of this legislation was fundamentally flawed and it is entirely clear from interviews at the time, the concept of being liable for prosecution for using a 'phone whilst parked in a bay at Tesco was not one which they had thought of nor intended. Was there not a case- unrelated to this- when a Court ruled that whilst the defendent on trial had committed the offence it was held that there was never any intent by lawmakers to have had this result and therefore he was acquitted. Does anyone remember that and if so, whether it is relevant here? Personally I feel we have a moral obligation to refuse to comply with bad legislation.

[@jonny5alive123]

Amending the law so that it's an offence to use a mobile device while the car is running and in gear would simplify things.

[@duven60]

If electric cars weren't a thing, and you could prove one way or the other what state a car was in when a phone was being used...

[@dopiaza2006]

How about if it's a start-stop engine that is not running?

[@jonny5alive123]

@@dopiaza2006 If the car isn't running then there can't be any distracted driving? The law is meant to be there to stop drivers from being distracted and running into things.

[@dopiaza2006]

@@jonny5alive123 If you are driving a car with automatic gearbox and start-stop engine then all it takes is to lift your foot off the brake pedal and it will move forward

[@FirstNameLastName-ev3jk]

Hands free banned then?

[@derekrobbens5355]

This is a fantastic channel. I would’ve argued all day that it was private property and you were entitled to use your phone but then I’m an idiot and you are not love this channel. Very clever person thanks.

[@Francis-xl2gu]

We know that all these rules is dependent upon what mood the police is in

[@hairyairey]

As I have said before the law was changed to make private land part of the public highway to stop car cruising.

[@MartinBennett12]

That’s cleared my question then

[@paulmartin9194]

You should be given 6points automatically if you park at a air/water station at a garage while not using it.

[@roberts.wilson1848]

...or on an ev parking lot while using a gas car...or on a handicapped person spot. I mean there are laws punishing, but i always see the handicapped parking spots at lidl stores occupied by everyone else. See the people as they come out of the store or just park the car and no handicap to speak off. Or the places for young kids with a parent. Having a child seat inside the car and you being alone without any small child doesn't qualify you to take that spot or having the handicap tag but the person in question isn't using the vehicle with you.

[@HappyBagger]

@@roberts.wilson1848 The idea of them being "disabled" spaces left long time ago with the "not every disability is visible" lot. People with these "disabilities" that are so hidden they can still walk jog and run should have some consideration for those that can't. As for parent & chid spaces, I love using them. For those with a disability I respect the need for those allocated spaces. For those who get allocated spaces for simply making a lifestyle choice to have kids, I have no interest.

[@yocarara]

How does using say “My McDonalds” come into play with the only contactless payments? At McDonalds we’re forced to ask if they’re using the app which would require a driver to use the app.

[@ashh6698]

What is even worse, if u use mcdonald's app to order food, when u arrive you have to click to say u have arrived and show your phone to them at the window, so either way u have to use your phone and u get offers and rewards for using the app

[@mattwoodford1820]

Points mean prizes 😂

[@richardscott8028]

Is there an offence of incitement to commit a crime?

[@ashh6698]

Don't think there is on purpose, but giving rewards to use the app incentives the usa of the app and the only way to do that is to use your phone when u arrive at the drive through, it doesn't have a disclaimer saying plz stop the car and turn the engine off before u use your phone

[@ashh6698]

Use the drive thru

[@ketchmarkreviews7275]

How can it be legal to drive a Tesla, with a tablet as a control panel on the dashboard? Total nonsense.

[@markstelling8935]

If I'm driving and my phone rings I take it out of my pocket and pass it to my missus and tell her to answer it. 🤔🧐

[@se9225]

I take it out of my pocket and pass it - if you are seen or a camera takes a shot of you with your phone in your hand [whilst you are driving], you are liable to prosecution. The motto here is simple, make sure your wife/passenger has the phone to reach before you commence driving, not in hand - no prosecution.

[@latenerd2441]

thats still 6 points according to these "rules"

[@markstelling8935]

@@goodlookinouthomie1757 🤣🤣

[@lumpyfishgravy]

It's a shame other requirements such as legal markings for pedestrian crossings never seem to apply in car parks, isn't it?

[@eddiehimself]

I had my licence suspended for the silly mistake of actually telling the DVLA how much I drink...

[@nickmaclachlan5178]

This brings up a really valid point about my own phone use. I keep my credit/debit cards, driver's licence etc in a folding phone case/wallet type deal. Therefore if I'm paying by card (I don't generally use the phone for payments unless another card isn't accepted) I have to handle my phone and the screen will light up due to the movement. This would mean that I was liable for a fine if using it at the drive thru. Coincidentally enough, earlier this week I had breakfast at a Mcdonny's Drive Thru.......... guess what the car was behind me? Yup, a pair of coppers in a marked Police vehicle (Locals, not Traffic)....... thankfully I drive a Van with no rear windows so they couldn't see what I was up to...... plus it was rural Dorset so they probably didn't give a shit/know the law anyway...... lol. Anyway, that little snippet of info is now filed away for later reference next time in at a drive thru!

[@andywatts8654]

My phone often bashes the side of the compartment and lights up by itself in the car. Just use that excuse

[@derektaylor2941]

Good grief- how many times do you need telling. It's even in the video- you can use it at a drive through for this purpose.

[@mrwhitestone7461]

Just make a further exception to the law. If the distance travelled is less than 300yds and the avrg speed is less than 4 miles per hour. Then the use of your mobile phone whilstever your veh is stationary or in between stops is exempt from prosecution. The letter of the law is sometimes the problem. If you are at McDonalds and a police officer is looking to prosecute you for six penalty points. That is not in the spirit of the law, which was made so that you should not text or scroll on your device whilst driving on the road in accordance with the highway code. When if ever are our government going to start governing again for the people.

[@KarlDawson-s2d]

Well here is one for you to ponder. My occupation is delivery driver along with my son who does all the talking at deliveries and using the phone as I am mute, I have aphasia caused by mini strokes, I rely on a speech app to communicate with him, you type what you want to say, (by the way it predicts the words) and then speaks for me. So while doing the above, a policeman comes in front of me indicating for me to follow him and pull over, he proceeds to advise me he “witnessed me using a mobile phone while driving “ and promptly asked for my license, I then proceeded to explain with the assistance of my son, that I do not speak and was using my speech app to communicate with my son, to which he responded “it makes no difference, I’m still reporting you for the offence of using a mobile telephone while driving “ I typed “what am I supposed to do?” His reply was”get your son to hold the device and you tap what you want to say “!!! He gave me a small printed leaflet outlining the dangers of using a phone while driving, asked me to sign and said I would hear from them in a couple of months. This was 4 weeks ago, so any thoughts on how I stand? Should I go to court?

[@yessanknow302]

You're texting your son, who is sitting next to you while you're driving? Seems very dangerous. You should get a desk job.

[@janegreen9340]

So what about the Tesla and it’s screen ?

[@SuperAd1980]

If your phone is fixed in a holder - set to auto answer, and you don't have to touch it. Then it is OK... If you touch your touch screen phone to stop/ play the music (with the BIG "car" setting on things like Audible audiobooks or the music player) that is illegal??? HOWEVER - You can change all the touch screen radio channels, volume control, heating and air con on your new/ modern car perfectly legally??? (driving without due care etc. not withstanding)

[@matt_acton-varian]

Those controls are part of the built in systems. Generally speaking, the buttons are in a fixed position too, in easy access for the driver without shifting out of your seat. As long as you aren't distracted it is legal but your phone is portable and even in a cradle isn't likely to be in an easy to reach place. You might need to hunch over the steering wheel to operate.

[@SuperAd1980]

@matt_acton-varian a full touch screen - impossible to do without looking. Try unlocking your phone without looking and playing music... your phone should be extremely familiar to you, far more familiar and easy than a 20 inch flat glass screen, and you should be able to click all the things because it's easy access...

[@matt_acton-varian]

@@SuperAd1980 20.inch is significantly bigger than 5. The buttons are much larger too.

[@Nbomber]

when you go into mcdonalds drive through, the first thing they ask, is if you are using the app today.

[@davegreenwood7575]

Always fascinating to watch and learn. ❤

[@thedogsboll]

You mentioned if you were prosecuting or defending. I wondered in a case where you were the defender and your other you was prosecuting, who would win?

[@charliepearce8767]

In Australia police can book you for drink driving if you're over the alcohol limit and sitting in your car listening to the radio in your own garage if the car keys are in the ignition.

[@349UrbanVlogs]

The best bit of advice is this: apologize and immediately stop what you are doing. 99% you will be fine. However with Kids in the car, be careful.

[@SgtSlapmaster]

I’m surprised by no mention of hands free in the video. I’ve read here and there that interacting with your phone is okay (for sat nav etc) if it’s on a hand free dock. It’d be interesting to know if this is grounded in law at all.

[@stu2418]

Yes it is. It's not hand held at the time.

[@konradc12]

It was briefly covered early in the video, it was not the main subject. It is mainly about handling the phone to make a payment while at a drive through. Once mounted in a cradle or in your pocket, once the cars Bluetooth is connected, so long as you don't get distracted enough to impact on driving!

[@matt_acton-varian]

I don't think it is legal to interact with a sat nav or phone navigation whilst driving as it can serve as a distraction. Even instruction manual warnings tell you to ensure you are set up before you start moving. But as different countries have different laws, there are no specifics as each country's law is nuanced.

[@stu2418]

@@matt_acton-varian Yes it is. It's specifically covered in the regulation and is ok if mounted in a cradle.

[@SgtSlapmaster]

@@matt_acton-varian I believe this is specifically a UK law channel so my question was in the context of that. I have found that this channel does have a video about using phones in cradles/hands free. As mentioned above it is fine as long as you don’t drive without due care and attention - which also applies to car infotainment systems.

[@MontgomeryPisswhistle]

When I ate fast food from drive thrus, some of the order codes that I needed to quote were almost hieroglyphics and I needed to activate the phone screen to remind me of them. I despise use of phones on the road but in this instance whilst stationary, I see no issue with it.

[@Europhile]

Cars that rely on menu driven controls for frequently adjusted functions like heating are a step backwards. My car has simple rotary controls for these functions.

[@1569-f8x]

Do the police have to obey the laws and rules like the rest of us,except in an emergency?

[@pauleff3312]

If you kill or maim whilst driving drunk, drugged or distracted by texting or otherwise manipulating a phone or similar; then aside of any custodial and financial penalties, you should never be allowed to drive again in this country. Only when the lifetime loss of the perpetrator's driving licence is introduced in legislation and applied by the courts will hard-core offenders and those indifferent to the right to life of other people consider their selfish behaviour because of its effects and affects upon themselves.

[@matt_acton-varian]

The public space law is something I was unfamiliar with. I'm not likely to come foul of this as I rarely use drive-thrus, and when I do I pay using a card and not my phone. I don't like the idea of using my phone for payment. I was taking a card payment for a £500+ transaction at work (commercial HVAC spares) and the customer forgot to close the app on his phone. He went to take his business card out to pay but as he got it out of his phone case he held it too close to the terminal and it took the payment from his personal account. I had to issue a refund and retake the payment on his business card. With no amount or payment number limits that's a recipe for disaster.

[@blahza12345]

In another country, bus passengers can pay the fare using an app and a QR code, or using contactless card/phone payment. Some found out that by trying to get a good focus on the QR code, they were charged also using contactless...

[@neilcampbell2222]

The public / private place judgements in England are odd. A pub carpark used as a shortcut is public, even when it's shut. But a public path to a house that's rarely used is private! Another to be careful of is the Road Traffic Act definition of a road, if it looks like a road it is a road. So it applies to private drives in supermarkets, hotels, hospital etc that are painted with road markings.

[@colinreece3452]

Funny I always remember being at a road junction and a police car was on one of the other roads joining, I flashed my lights to let him go but he never moved so I did, when I passed him he was making a phone call, it wasn't his radio I could clearly see he was holding his phone. On this subject what if you are in a car park, can you not use your phone there, like already said it is private land but also a public place?

[@secondchance6603]

Apparently when you put on a police uniform you automatically become a highly skilled driver that can multitask while driving... apparently.

[@andrewgilbertson5356]

So why do the police use personal phones with engine running, oh yes discretion not to get another cop in trouble?

[@ForkCandle123]

Easy to get them at a McDs Drive Thru for being on their phones. But when they are on roads or even motorways using their phones where they can do much more damage they aren't seen let alone pulled up! Crazy inept policing.

[@tanderson278]

Transport Select Committee recommendation to BAN all use of phones - Amandment to Regulation 110. The TSC in August 2019 published their findings (Road safety: driving while using a mobile phone) and recommended the amendment of Regualtion 110 to remove the distinction between Hands Free/ Hand held. The reason, using a phone was the just as dangerous (4 times more likely to crash) when used hands free. I'm still praying that one day, MPs will deliver on this.

[@somalilandrecognition5413]

The police don't make the laws. The College of Policing give advice as to which laws are flavour of the month/year/mayor/government.

[@somelegend1526]

Mad how the UK doesn’t actually operate under its own law correctly

[@sirshauniv511]

This may seem like an odd question, but what if the car is parked and you have your phone out, then you turn on the engine for whatever reason while your phone is in the other hand?

[@wotzcheez]

A pal of mine got a ticket for being parked on his phone but the keys were in the ignition. Not started just not removed them as he was only stopping for the call. He appealed and lost in court

[@Phantom-mk4kp]

​@@wotzcheezIn your case if your friend had a modern keyless car it would be in the same state, just needing a press of the button to start, not dissimilar to a turn of the key. The law is ridiculous and lacks any common sense

[@wotzcheez]

@@Phantom-mk4kp nope. Normal key in the ignition car the engine was off. The only thing was he didn't remove the key as he wasn't staying just pulled over to make a call. He was told that the car was still in operation as it had the keys in the ignition.

[@icouldbewrongicouldberight]

​@@wotzcheezplenty of magistrates who are terrible with words, interpretation. Hence appeals

[@wotzcheez]

@@icouldbewrongicouldberight yeah I said he appealed and still lost

[@G8YTZ]

Darren, as a Tesla owner, you will know that you can legally use your mobile phone to control your car, in other words using “summon” if you have the enhanced autopilot package.

[@DennisNash-x5u]

I drive a truck. Im told it's socially unacceptable to use a mobile phone when driving. I see it every day. I can assure you a large amount of drivers absolutely think it's socially acceptable to use a phone when driving.

[@Number6_]

Most of them dont think, they just call. They should put this on the driving test! Get rid of a lot of thoughtless drivers.

[@pjcnet]

If someone was being attacked you could also argue that it was unsafe to stop and get out of the vehicle.

[@martincday007]

Are there really police officers that are so petty that they would pull someone up for using their phone in a drive thru?

[@lenelston]

I never use drive throughs anyway, but I wonder how that works with using the code on an app e.g. Mcdonalds, costa etc.

[@dougaldouglas8842]

Using a mobile phone, whilst driving, is evil, wicked and it should be more than six points for endangering the lives of others on the road. People know full well that they should not be using a mobile phone whilst driving, in their hands, but f ck society, is their attitude, except when they want something from society.

[@xTerminatorAndy]

I agree. Similarly, drunk driving should be an instant lifetime ban.

[@dougaldouglas8842]

@@xTerminatorAndy Absolutely, total ban, and any person breaching the ban should be imprisoned

[@kesamek8537]

Useful info thank you.

[@maffysdad]

Smoking and vaping... Why are they still permitted to be held whilst driving? Some vape machines are so big you can't grip them and the steering wheel, and what if you drop the cigerette or such? We all know there is a offence for not being in control of a vehicle, but why are these two still permitted? Why aren't they banned outright?

[@lynnedwards7462]

Problem for the mobility impaired... Warning light on the dash. Stop on the hard shoulder of a motorway... 1) Get out of car. 2) Move away from car. 3) Phone RAC/AA. 1 and 2 are difficult or dangerous or even impossible! And then, the RAC/AA tell you to wait in your vehicle and they will call you! I would hope the "discretion" idea would apply here!

[@cshairydude]

The offence is made out only if you are driving. If you are stopped with the engine off, especially if broken down, you are no longer driving.

[@JayDutch-UK-MK]

Also a cyclist is more likely to catch you that a police officer or other person filming you .

[@Spacey7]

Do they know how much abuse you get in the drive thru if you get out of your car? Also it's safer to stay in your car in many circumstances when ringing emergency services.

[@wotzcheez]

Remove you keys from the ignition if you use your phone in the car. A pal of mine found that out the hard way

[@EarlX99]

@@wotzcheezwhat about my cars that you don’t put the keys in the ignition? Keys are generally in my pockets.

[@dougaldouglas8842]

Friends and relations are not the emergency services. Take the keys out and then all is safe to use phone

[@Spacey7]

@@dougaldouglas8842 emergency services aren't friends & relations! Taking your keys out does not help, you can still be prosecuted!!!

[@Spacey7]

@@wotzcheez that makes no difference at all! You can still be prosecuted with keys out of ignition!!

[@contessa.adella]

These laws have gotten out of hand. Chatting or texting on a phone whilst driving along, I can understand might be dangerous, but whilst stopped in a drive through queue? Where is the danger to life and limb there? Here’s the problem…These muppets who draft these laws and regulation never have to account to an independent body for common sense validation. Basically any crazy and unreasonable ideas they want enshrined in law are simply rubber stamped no matter how ridiculous or over reaching.

[@se9225]

These 'muppets', as you refer to them, actually make the law simple to understand. They use the same principle as the human paying at the checkout. You stop, present payment, collect your items, exit the shopping aisle and then eventually egress the store. Identical pathway to a drive-through if you think about the process. Where people will fall foul is to attempt to order their items before they enter the drive-through, so legally speaking (as Dan has stated), you leave yourself open to potential prosecution if witnessed or recorded by CCTV/Dashcam.

[@dogmadogma5398]

20mph everywhere anyone. So true !

[@johnparnell8571]

So much as touch your 'phone while in charge of a vehicle and it is 3 points on your licence. But, Daniel, what about the infotainment screens in modern cars, especially the all embracing ones in electric cars? Try looking at or using one of those without taking your eyes completely off the road directly ahead. Many of them are positioned well to the left of the (UK) driver's direct sight line. You cannot have one law governing the use of 'phones in cars while completely ignoring an even bigger driver distraction on the modern vehicle dashboard.

[@ForburyLion]

What about using your phone to bring up a loyalty card for the cashier to scan? - This may be to collect points rather than to actually pay for the products with the points. Technically this may not be within the letter of the law, but perhaps should be as it's part of the transaction. Also, if you do turn the car off, handbrake on and it's effectively parked, Do these rules still apply? Would that also apply if a driver pulls over at the side of the road to make a call?

[@bakersmileyface]

That's interesting. It doesn't sound like something I'd do, but it's one of those things you might do without thinking about one day. So it's useful to know, thank you.

[@johnhart3070]

Is there a time limit for calls if its hands free? Because an hours call would be as distracting (more so than holding the phone for 3 mins) and the driver wouldn't be concentrating enough?

[@ztwo6179]

Some of that is not only unreasonable but irrational. Typifies the dumkovs who write these ridiculous rules!!

[@icouldbewrongicouldberight]

They know exactly what they're doing

[@st200ol]

I'm glad people like you are making these videos as some people still don't know the rules, of course there are still people who believe the rules are silly and will use their mobile devices illegally. Lots of people have never being taught right from wrong, nothing we can do about those people.

[@UraFlight]

The law should apply even if you pay with your phone at Macdonalds , Costa ,Starbucks ,whilst seating in your car and the engine is running. There should be no exemption.

[@edeledeledel5490]

Every time I watch one of these it reinforces my belief in the old song "I'll sing you a song, and it's not very long, all coppers have unmarried parents".

[@AllanDeal]

Cash is king

[@gingernutpreacher]

Untill you get mugged

[@AllanDeal]

@@gingernutpreacher getting mugged at a McDonald’s drive through for a happy meal. We’re do you live London

[@barryfrench2534]

@@gingernutpreacher And now you've lost the phone you were going to use to pay for the purchase...AND any cards you had.

[@thrapsed]

I was involved in a violent mugging at Burger King last week. On the plus side I did make quite a few quid 🤣@@gingernutpreacher

[@gingernutpreacher]

@@barryfrench2534 they never used to take cards but now there's contactless and you used to be able to go in to a bank but there all closed now this is progress

[@MarkWoodrow00]

So those of us that went to a drive-in COVID test centre or ever needed to display a QR code for scanning have all broken this law.

[@robertwillis4061]

When you are out driving. Look at those you see who are using their mobile while driving. Most will be driving Vehicle's less than 6 years old . The vast majority of these vehicles have some form of Bluetoth phone connectivity built in. This seems to be even more previlant in those in very expensive vehicles. Time for any complaints of it will cause financial distress to the driver and their family to be binned. If I remember correctly there was some business owner, who had racked up something like 20 points but still had his licence. Each time a Judge threatened to remove his licence, he threatened to wind up his business and make 15+ people unemployed . The Judges seemed to cave in to his threats. Why? Ok 15 loose their jobs, but what happens if the boss kills a family in a crash? Could the Judges have counter threatened to fine him the value of the business if he did that.

[@QiuEnnan]

None of this would have happened if they just didn’t accept any of these excuses. That driver wouldn’t have kept on offending knowing they would get away with it.

[@halezy9681]

@BlackBeltBarrister Great videos, but what I would like to know is that with all these laws that are designed to helps us. Has anyone looked into the (I presume) the increase of RTA's and decrease of road safety caused by potholes? Maybe I'm thick but I think safety has decresed due to drivers trying to avoid these craters some of us are experiencing on a daily basis. Thanks for your content either way!

[@terryhayward7905]

When I am driving and I get a phone call, I always pull over to answer the phone, I guess that I am breaking the law by doing that now. Do I have to turn off the engine and get out of the car to answer it now ?? The nanny state is going too far now.

[@barrieshepherd7694]

You must be parked with the engine off to make a call - BBB has made that clear in previous videos.

[@milospop8089]

Surely SatNavs have are a distraction. The screen gives you visual directions while the ' voice ' does like wise, but who doesn't look at the screen when driving? Shouldn't SatNavs be voice only to prevent the looking distraction?