penalty points question

NedKelly

I was in traffic this morning and there was a Traffic Corps garda car beside me, my Mobile rang i picked it up to see who it was and i put it back on the seat, The Garda car put on its siren and i got pulled over
I told him that i didnt answer the phone or make a call i just picked it up
and he told me that the law was it was illegal to hold a mobile whilst being in charge of a car.

as far as i am aware the law is " to operate " not " to hold "
I took a note of the time this happend and have my phone missed call,received call, and dialled number logs to prove that i didnt answer the phone.
the Guard told me i could argue it in court if i wanted to but i wouldnt get very far ..
any advice or should i just pay up and forget about it

TestTransmission

Im pretty sure all you have to do is hold the mobile phone to get done.

First points?welcome to the club

I.S.T.

From http://www.penaltypoints.ie/

In addition from the 1st September, a fixed charge notice will issue to any person who is caught holding a mobile phone while driving. The person will be given 2 penalty points and a fixed charge of €60 he/she pays within 28 days. This fixed charge will increase to €90 and 2 penalty points if paid within 56 days. If no payment is received the person can, on conviction, receive 4 penalty points and a fine not exceeding €2,000.

smarten31

Do you know who I need to contact in order to see how many penalty points I have and the dates they were applied? My insurance is due and need this info

biko

The Road Safety Authority operates the National Vehicle and Driver File which holds driving licence records. To find out how many penalty points are on your driving licence record, contact the Road Safety Authority at 1890 41 61 41 and quote your driving licence number.

Hooch

NedKelly wrote: »

as far as i am aware the law is " to operate " not " to hold "
I took a note of the time this happend and have my phone missed call,received call, and dialled number logs to prove that i didnt answer the phone.
the Guard told me i could argue it in court if i wanted to but i wouldnt get very far ..
any advice or should i just pay up and forget about it

I know this is a few days old but,

Section 3 Road Traffic Act 2006 - Holding a mobile phone while driving.

Reason it is holding is there is no way AGS could prove someone was using it. Holding covers texting etc. Also note cradeling phone between your shoulder and ear is also holding it.

smarten31

Magnus wrote: »

The Road Safety Authority operates the National Vehicle and Driver File which holds driving licence records. To find out how many penalty points are on your driving licence record, contact the Road Safety Authority at 1890 41 61 41 and quote your driving licence number.

thanks Magnus :-)

Jemmy

Yea I'm afraid there is nothing you can do, they are really going to town with this phone law too. I know of 4 ppl in the last 3wks that have been done for having it in their hand, and one was only taking it out of his pocket to put in down in the car. :rolleyes:

PCPhoto

NedKelly wrote: »

I was in traffic this morning and there was a Traffic Corps garda car beside me, my Mobile rang i picked it up to see who it was and i put it back on the seat, The Garda car put on its siren and i got pulled over
I told him that i didnt answer the phone or make a call i just picked it up
and he told me that the law was it was illegal to hold a mobile whilst being in charge of a car.

as far as i am aware the law is " to operate " not " to hold "
I took a note of the time this happend and have my phone missed call,received call, and dialled number logs to prove that i didnt answer the phone.
the Guard told me i could argue it in court if i wanted to but i wouldnt get very far ..
any advice or should i just pay up and forget about it

Nice to see the Gardai have chosen to enforce the law when they want to (or see an easy target)..... couldnt resources be better used stopping someone who is really driving without due care and attention.

OP.... I'm sure you will be left with a problem - refuse to pay and protest your innocence (in court) or accept the fine and the Gardai win....either way - I dont like your options.

Personally - I would welcome the option of seeing if a judge has the cop on (no pun intended) .... to realise that the new rule is not any more dangerous that someone putting make up on or having a smoke or cup of coffee..... and to be honest the scaremongering that is put on an "innocent" person when caught is scandalous while a "career criminal" is afforded every opportunity and service to clear their "good" name.

Completely unfair system - I believe we need a complete overhaul of our country and change everything from politicical policies to criminal sentencing.

*Tripper*

Yeah you'd think they might actually try to catch some real criminals.

PCPhoto

Magnus wrote: »

The Road Safety Authority operates the National Vehicle and Driver File which holds driving licence records. To find out how many penalty points are on your driving licence record, contact the Road Safety Authority at 1890 41 61 41 and quote your driving licence number.

just tried to call the number - out of curiosity... I know I dont have any points.... at least I shouldnt have any on my licence...... it rang c number of times ...then went "no answer" ... only rang maybe 4-5rings .... hmmmm :rolleyes: civil service lunchtime (12-2)

horsebox1977

If you were smoking or eating an apple in theory they should still charge you as both are distracting you from driving - but in reality they wont..

Santa Claus

Jemmy wrote: »

Yea I'm afraid there is nothing you can do, they are really going to town with this phone law too. I know of 4 ppl in the last 3wks that have been done for having it in their hand, and one was only taking it out of his pocket to put in down in the car. :rolleyes:

It's really ironic when you see squad cars driving around Dublin with hi-tech radios in them and the driver holding their mobile phone up to their ear (I've seen this countless times over the past few months and i'm sure they can't all be using it for the course of their duties).
Maybe somebody will correct me, but I didn't think the Gardai were issued with work mobiles while on duty so they must be using their personal mobiles and you'd then wonder why they'd be making work calls on their on phone at a cost to themselves.

Just on an aside, the only times it's legal for a Garda or civilian to hold and use their mobile phone whilst driving is if you're ringing the emergency services !

Del2005

Santa Claus wrote: »

It's really ironic when you see squad cars driving around Dublin with hi-tech radios in them and the driver holding their mobile phone up to their ear (I've seen this countless times over the past few months and i'm sure they can't all be using it for the course of their duties).
Maybe somebody will correct me, but I didn't think the Gardai were issued with work mobiles while on duty so they must be using their personal mobiles and you'd then wonder why they'd be making work calls on their on phone at a cost to themselves.

Just on an aside, the only times it's legal for a Garda or civilian to hold and use their mobile phone whilst driving is if you're ringing the emergency services !

The Gardai are exempt from the road traffic laws while on duty. And as a Garda is never off duty, technically they can drive drive with a phone in their hand at all times.

Hooch

Del2005 wrote: »

The Gardai are exempt from the road traffic laws while on duty. And as a Garda is never off duty, technically they can drive drive with a phone in their hand at all times.

Only in the course of our duties. Gardaí cannot ring the missus!!

Santa Claus wrote: »

It's really ironic when you see squad cars driving around Dublin with hi-tech radios in them and the driver holding their mobile phone up to their ear (I've seen this countless times over the past few months and i'm sure they can't all be using it for the course of their duties).
Maybe somebody will correct me, but I didn't think the Gardai were issued with work mobiles while on duty so they must be using their personal mobiles and you'd then wonder why they'd be making work calls on their on phone at a cost to themselves.

Just on an aside, the only times it's legal for a Garda or civilian to hold and use their mobile phone whilst driving is if you're ringing the emergency services !

The new Tetra system in the DMR is based on GSM tec and can make phone calls to stations. Maybe that is what you see......and yes would you believe it our phones do ring (:eek:) both on and off duty with questions from work about cases etc. Dont be so quick to judge.

O and a Garda is exempt at all times from using his/her mobile in the course of his/her duties.....not just ringing an emergency service.

slimjimmc

nice guy always wrote: »

I know this is a few days old but,

Section 3 Road Traffic Act 2006 - Holding a mobile phone while driving.

Reason it is holding is there is no way AGS could prove someone was using it. Holding covers texting etc. Also note cradeling phone between your shoulder and ear is also holding it.

not only that, you can't even support it with any part of the body.This is propably to avoid drivers resting the phone on their lap but does it include keeping a phone in your pocket?
From said Act:

“ hold ”, in relation to a mobile phone, means holding the phone by hand or supporting or cradling it with another part of the body;

Santa Claus

nice guy always wrote: »

Only in the course of our duties. Gardaí cannot ring the missus!!

O and a Garda is exempt at all times from using his/her mobile in the course of his/her duties.....not just ringing an emergency service.

As you say, in the COURSE OF DUTIES.... so calling the station or colleagues are considered a call to another member of the emergency services....taking calls from mates or the missus doesn't count !!

Still doesn't make any sense to me why either squad cars aren't fitted with buetooth hands free units (which would be compatable with the majority of phones) as surely Gardai are not immune from the effects of being distracted while driving and holding/using their mobile the same as civilians are (unless operating a mobile phone while driving is covered in the advanced driving course and even then the gardai driven on supers permission wouldn't have this knowledge).
I can understand down the country where the radio coverage mightn't be the best the need to use mobiles, but surely in the DMR the radio coverage is adequate and so no need to use mobiles when they can be contacted through the radio in the car !

Steve

nice guy always wrote: »

Only in the course of our duties. Gardaí cannot ring the missus!!

Just to add that a civillian is exempt if the call is being made to report an offence to the Guards.

I wonder if a defence of "I thought it might be the Gardai calling me back" would hold up*?

*I'm kidding

I.S.T.

*Tripper* wrote: »

Yeah you'd think they might actually try to catch some real criminals.

Have you ever walked behind someone who is walking while talking on the phone? The can't even walk in a straight line and are oblivious to what is going on around them. The same applies when they people are driving while on the phone. I think the guards are right to go after these people.