Hands free mobile while driving, but is it?

OK, teenage son who despite his few years of life knows everything about everything. Today he called home to say he’s on his way can we do his tea, we ask are you calling and driving to which he reply’s yes but I’m hands free.

Now he doesn’t have a hands free kit fitted in his car but claims the following in his defence.

Mobile is connected to his car stereo via a cable and aux socket, so sound comes through speakers.
Microphone is just that of his iPhone, hands free.
Now dealing the number? He double taps home button and asks Siri “call mum”

Now I guess the real test is when he drives into the back of another car and the police get involved, but is it hands free?

I maintain it’s not and he should not be using his mobile ever in any way in his car, he been driving 3 months!

Your thoughts.

Justin44

Just my opinion but if the phone is on the passenger seat then he’s hands free whilst talking to you (and therefore legal).
But.... at the point where he double taps the home button there could be an argument that he’s not hand free, unless the phone is in a cradle on the dashboard maybe (but you’d have to check the law around that)? So if he has an accident whilst instigating the call there could be an issue, or he’s seen with the phone in his hand at any point in time!

Probably a better question would be is he safe to drive whilst talking to you - he may be legal but that doesn’t mean he’s safe!!

Cheers
Simon



Sent from my iPhone using Tapatalk

Just say “Hey Siri” and then you don’t need to touch the home button at all. Then he’s totally hands free.

From what I read up the phone needs to be secured in some sort of cradle else all bets are off?

Second you double tap that home button it isn't hands free. Turn on hey Siri/ok Google or leave your headphones in.

If he doesn’t touch the phone he is hands free

Hands free is not the issue. It's the lack of concentration whilst a phone call is in progress. It only takes a seconds lapse in attention and he's into the back of someone's car or worse.

Sent through the ether by diddling with radio waves

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Originally Posted by wileeeeeey

Second you double tap that home button it isn't hands free. Turn on hey Siri/ok Google or leave your headphones in.

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What he said

Sent from my Moto G (4) using Tapatalk

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Originally Posted by sish101

Hands free is not the issue. It's the lack of concentration whilst a phone call is in progress. It only takes a seconds lapse in attention and he's into the back of someone's car or worse.

Sent through the ether by diddling with radio waves

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Same could be said if shouting at the kids on the back seat (or the wife), but I agree it’s quite comical seeing some drivers gesticulating whilst on their hands free phones - but with no one else in the car.

Equally there should also be some law about pedestrians crossing the road to take due care and attention e.g. while texting or taking selfies.

Martyn

Law deems it not hands free if hitting home button but no less safe than fiddling with iDrive and similar systems in modern cars.

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Originally Posted by Kingstepper

Law deems it not hands free if hitting home button but no less safe than fiddling with iDrive and similar systems in modern cars.

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I agree with this. My car is like a fkn space ship, touch screens, buttons everywhere. In fact I’ve gotten used to switching on the autonomous element of the driver assist package in order to fk about with google maps. Waze,Spotify etc. As a Just in case measure. The worlds gone mad I tell thee.

Quote:

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Originally Posted by Anygreg

I agree with this. My car is like a fkn space ship, touch screens, buttons everywhere. In fact I’ve gotten used to switching on the autonomous element of the driver assist package in order to fk about with google maps. Waze,Spotify etc. As a Just in case measure. The worlds gone mad I tell thee.

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One reason I decided not to buy Range Rover this time. The touch screens which control virtually everything are like using an I-Pad whilst driving. Not safe IMO.

https://i.dailymail.co.uk/i/pix/2012...28_468x312.jpg

I thought if the phone is secured in a cradle then you could touch it? The phone that is. Have I been thunking wrong?

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Originally Posted by IAmATeaf

I thought if the phone is secured in a cradle then you could touch it? The phone that is. Have I been thunking wrong?

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No you haven’t.


https://www.gov.uk/using-mobile-phon...riving-the-law

https://www.cps.gov.uk/legal-guidanc...-mobile-phones


“Hand-held”
Regulation 110 does not define “hand-held” although 110(6)(a) states that a mobile phone or device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call, or performing any other interactive communication function. The correct interpretation of this is that it is a deeming provision which extends the meaning of “hand-held” (Baretto paragraph 42.)


Given that new drivers can lose their licence with "only" 6 points (I understand), I would have thought it might be better to not do it. As the above piece says, there are "alternative offences" that police might try to use if you ended up in a 'discussion' as to whether you were or were not committing a mobile phone offence.