In message
"Peter Masson" wrote:



"Charles Ellson" wrote in message
...
On Tue, 03 Aug 2010 16:56:31 +0100, Graeme
wrote:
You have to switch the engine off to be legal, that's the bit most people
forget.

AFAICT that is not a statutary requirement, merely an action which
provides more certainty in most cases WRT to whether or not the
telephone user is "driving" the vehicle for the purposes of
determining if there is a breach of s.41D Road Traffic Act 1988 :0

"Breach of requirements as to control of vehicle, mobile telephones
etc.

41D
A person who contravenes or fails to comply with a construction and
use requirementâ?"
(a)
as to not driving a motor vehicle in a position which does not give
proper control or a full view of the road and traffic ahead, or not
causing or permitting the driving of a motor vehicle by another person
in such a position, or
(b)
as to not driving or supervising the driving of a motor vehicle while
using a hand-held mobile telephone or other hand-held interactive
communication device, or not causing or permitting the driving of a
motor vehicle by another person using such a telephone or other
device,

is guilty of an offence."

Is there a definition of 'driving' in there somewhere? Does sitting in the
driving seat when the engine is running, even if the vehicle is stationary,
count as driving?


It does if you are drunk.

--
Graeme Wall

This address not read, substitute trains for rail
Transport Miscellany at www.greywall.demon.co.uk/rail
Photo galleries at http://graeme-wall.fotopic.net/