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Question on driving whilst on the phone.

  • 26-04-2009 9:32pm
    #1
    Jimdagym
    Registered Users, Registered Users 2 Posts: 3,844 ✭✭✭


    Occurred to me today, does the law state that the offence is to be holding a phone while in operation of a car, I think it does. Its not using a phone, its holding it.
    So my question is, if you were in operation of a car and holding a bluetooth hands free earpice to talk on, does the wording of the law allow for this, or would you be ok?

    Jim


Comments

  • #2
    Hooch
    Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭Hooch


    Jimdagym wrote: »
    Occurred to me today, does the law state that the offence is to be holding a phone while in operation of a car, I think it does. Its not using a phone, its holding it.
    So my question is, if you were in operation of a car and holding a bluetooth hands free earpice to talk on, does the wording of the law allow for this, or would you be ok?

    Jim

    Hi there,
    By the letter of the law it still driving holding a mobile phone contrary to Section 3 RTA 06. I had a contested case that went to circuit court on that very reason, holding bluetooth and not phone. State case was that it was not a hands free kit....law states “ hands-free device means a device designed so that when used in conjunction with a mobile phone there is no need for the user to hold the phone by hand''. State won case.

    Have a look here http://www.irishstatutebook.ie/2006/en/act/pub/0023/sec0003.html


  • #3
    PFiddy
    Registered Users, Registered Users 2 Posts: 47 ✭PFiddy


    Jimdagym wrote: »
    Occurred to me today, does the law state that the offence is to be holding a phone while in operation of a car, I think it does. Its not using a phone, its holding it.
    So my question is, if you were in operation of a car and holding a bluetooth hands free earpice to talk on, does the wording of the law allow for this, or would you be ok?

    Jim

    From what I remember the wording is "holding a mobile phone while driving a mechanically propelled vehicle" which is fairly clear cut. I'd say you could argue it in court if it came to the crunch, but the objective of the law is to ensure the driver has two hands available to control the vehicle at all times.

    That said, I did get a bollocking from a Guard who stopped me whilst munching my way through a bag of pistacios. Said he could have had me up for "driving with without due care and attention". Fair enough.

    Pistachios are lovely though. :p


  • #4
    raindog.promo
    Registered Users, Registered Users 2 Posts: 1,514 ✭✭✭raindog.promo


    PFiddy wrote: »
    Pistachios are lovely though. :p

    And one is never enough. Or fifty for that matter.


  • #5
    vrfcno7
    Registered Users, Registered Users 2 Posts: 21 ✭vrfcno7


    PFiddy wrote: »
    Pistachios are lovely though. :p


    Haha, the judge would understand!!! :pac:


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