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Penalty points for being on the phone?

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  • 13-05-2016 11:19pm
    #1
    jakko86
    Registered Users Posts: 308 ✭✭


    Hi all quick question on getting penalty points. I was sitting in traffic a few weeks ago and a guard on a bicycle passes me just as I was touching my phone in its holder. He stopped up and said in the window " it's an offence and a 1000 Euro fine for that you know" I said I didn't, at this stage traffic was moving and I was holding up the place. He said "go on" . Then today I was sitting in traffic again no more than 500 meters from the original encounter and I spotted him coming towards me again on the other aside of the road he pulled in on the bike and I think he took me reg plate. He never stopped me or anything on either occasion so I'm wondering now is he planning on sending me on the points after taking my reg today? Or do I have to be pulled over and give my details etc.


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    #2
    [Deleted User]
    Posts: 14,344 ✭✭✭✭ [Deleted User]


    If it was a few weeks ago the chances of him even remembering you exist are fairly slim. Can you imagine the amount of cars they see on a day to day basis.

    I wouldn't be concerned at all.


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    #3
    the_pen_turner
    Registered Users Posts: 7,506 ✭✭✭the_pen_turner


    at any time were you holding, supporting or cradling the phone. this is what the law is against.
    by the sounds of it you had the phone in a holder , so it was supported by a physical object and not by you.


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    #4
    MadDog76
    Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    "Look for your reg on yeewtube!" :D


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    #5
    jakko86
    Registered Users Posts: 308 ✭✭jakko86


    It was in Limerick and I drive a van that's sign written so I'd say he prob would remember it. No it's on a magnet on the dash and I touched the screen. Not sure does that qualify. Standing at s red light. But the fact he never pulled me in and took my details when it happened I presume he couldn't turn around 2/3 weeks later and put it in his book because he got a chance to take the reg?


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    #6
    corks finest
    Registered Users Posts: 8,636 ✭✭✭corks finest


    jakko86 wrote: »
    Hi all quick question on getting penalty points. I was sitting in traffic a few weeks ago and a guard on a bicycle passes me just as I was touching my phone in its holder. He stopped up and said in the window " it's an offence and a 1000 Euro fine for that you know" I said I didn't, at this stage traffic was moving and I was holding up the place. He said "go on" . Then today I was sitting in traffic again no more than 500 meters from the original encounter and I spotted him coming towards me again on the other aside of the road he pulled in on the bike and I think he took me reg plate. He never stopped me or anything on either occasion so I'm wondering now is he planning on sending me on the points after taking my reg today? Or do I have to be pulled over and give my details etc.
    hopefully any idiot on the phone etc,will get points


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    #7
    Bandara
    Registered Users Posts: 3,282 ✭✭✭Bandara


    corks finest wrote: »
    hopefully any idiot on the phone etc,will get points

    Hopefully any idiot will read the initial post correctly before making comments


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    #8
    Doodah7
    Registered Users Posts: 3,723 ✭✭✭Doodah7


    Why did you act thick and say you didn't know that there was a fine?? I'd say it was your attitude and the recognisable van that he remembered.


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    #9
    Del2005
    Registered Users Posts: 18,903 ✭✭✭✭Del2005


    tallpaul wrote: »
    Why did you act thick and say you didn't know that there was a fine?? I'd say it was your attitude and the recognisable van that he remembered.

    There's only a fine for SMS, MMS and email in a holder. WhatsApp, Viber, gps etc are not an offence, but they can do you for due care.


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    #10
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    Del2005 wrote: »
    There's only a fine for SMS, MMS and email in a holder. WhatsApp, Viber, gps etc are not an offence, but they can do you for due care.

    WhatsApp and Viber are capable of sending/receiving SMS and multimedia content so are covered also.


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    #11
    Truckermal
    Registered Users Posts: 6,048 ✭✭✭Truckermal


    Snapchat FTW..:D


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    #12
    corks finest
    Registered Users Posts: 8,636 ✭✭✭corks finest


    Bandara wrote: »
    Hopefully any idiot will read the initial post correctly before making comments

    Take your oil,u were at your phone,whilst in control of a motorised vehicle, your fault, no one else's,its this lack of attention when in a car that can,and does cause accidents, are u so important that u can't leave it alone,till u are finished your journey, probably waiting for Obama/Trump to call and seek advice from you!


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    #13
    Mint Sauce
    Registered Users Posts: 29,294 ✭✭✭✭Mint Sauce


    tallpaul wrote: »
    Why did you act thick and say you didn't know that there was a fine?? I'd say it was your attitude and the recognisable van that he remembered.


    How did he act thick? Do we know what he was doing on the phone? He might have had the Satnav open and entering an address by tapping on the screen. Most of us should know by now that its an offence to be on the phone, ie, holding it in your hand. Not everyone might be aware though its an offence to tap the screen if its in a holder, tbh, I wouldn't be sure about that one my self. Although avoid it, by ignoring it if it rings, or by using a bluetooth speaker.


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    #14
    jakko86
    Registered Users Posts: 308 ✭✭jakko86


    Jasus what's corks finests problem?? I'm only asking a question not looking for smart answers or attitude. Take some primrose oil maybe! I didn't act thick I just said I didn't realise the fine was 1000 euro for touching my phone I was like a rabbit caught in headlights more than anything. I have a hands free I touched the screen,the guard couldn't have had a clue what I was at. I was sitting in traffic. My question was 1. Does he have to pull me in and take my details to give me points for the "offence"
    2. When he didn't do that on the first instance can he spot me weeks later and take my reg and then proceed to send out the points even though at neither stage did he pull me in? Or even stop or talk the 2nd time.
    I found it strange he would take my reg weeks after. My encounters with guards would be few and far between.


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    #15
    pippip
    Registered Users Posts: 2,249 ✭✭✭pippip


    Is being on the/ using a phone an offense where they have to stop you then and there?

    If it is then I would have assumed you should be ok as he would have had to actually take your details and licence number etc.

    Can't say i've ever heard of anyone getting done for this without being stopped.
    Don't think its the sort of offense that falls on the registered owners licence like speeding.


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    #16
    corks finest
    Registered Users Posts: 8,636 ✭✭✭corks finest


    jakko86 wrote: »
    Jasus what's corks finests problem?? I'm only asking a question not looking for smart answers or attitude. Take some primrose oil maybe! I didn't act thick I just said I didn't realise the fine was 1000 euro for touching my phone I was like a rabbit caught in headlights more than anything. I have a hands free I touched the screen,the guard couldn't have had a clue what I was at. I was sitting in traffic. My question was 1. Does he have to pull me in and take my details to give me points for the "offence"
    2. When he didn't do that on the first instance can he spot me weeks later and take my reg and then proceed to send out the points even though at neither stage did he pull me in? Or even stop or talk the 2nd time.
    I found it strange he would take my reg weeks after. My encounters with guards would be few and far between.

    Didn't say u acted thick, tried the primrose, no joy,,,,,I also put myself in that idiot category,,, if I put my paws on the phone, (did it b4,not an angel)but definitely never again,in a similar vein,just finished walking the bow wow,in crosshaven,the amount of cretins with phones up to the their ears is baffling, especially as a lot of the idiots are driving newish motors with Bluetooth connectivity on-board.dunno,giving up giving out.


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    #17
    Jesus.
    Banned (with Prison Access) Posts: 4,794 ✭✭✭Jesus.


    jakko86 wrote: »
    I touched the screen. Standing at s red light.

    There were guys on here the other day saying it was alright for them to drive on the brink of passing out due to exhaustion but people using phones in any situation should be fukked senseless by the law. I sh1t you not






    corks finest wrote: »
    hopefully any idiot on the phone etc,will get points
    Uh oh


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    #18
    Jesus.
    Banned (with Prison Access) Posts: 4,794 ✭✭✭Jesus.


    corks finest wrote: »
    Take your oil,u were at your phone,whilst in control of a motorised vehicle, your fault, no one else's,its this lack of attention when in a car that can,and does cause accidents!

    Sitting in traffic at a red light? lol


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    #19
    jakko86
    Registered Users Posts: 308 ✭✭jakko86


    I'm not wondering did I break the law or is it an offence or not. My question was whether I had to be pulled over and details taken to receive points for it. And can a guard after not doing me in the initial instance take my reg weeks later and then send the points. That is all I'm asking.


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    #20
    harr
    Registered Users Posts: 4,478 ✭✭✭harr


    jakko86 wrote: »
    I'm not wondering did I break the law or is it an offence or not. My question was whether I had to be pulled over and details taken to receive points for it. And can a guard after not doing me in the initial instance take my reg weeks later and then send the points. That is all I'm asking.
    Yes is probably the answer ,if the guard missed your reg the first day and spotted you a couple of weeks later. I don't see anything stopping him from doing it...but I recon it would be highly unlikely. It would be your word against his that he only took the reg number the couple of weeks after he stopped you.But as another poster pointed out the chance of him remembering you after a few weeks specially if it was a brief conversation is slim...


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    #21
    Supergurrier
    Registered Users Posts: 7,289 ✭✭✭Supergurrier


    I pressed the redial button on centre console of work van to call a customer via Bluetooth with phone in my pocket.

    Am i going to jail ?

    /thinly veiled i drive a fancy 161 van :o


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    #22
    mikeecho
    Registered Users Posts: 5,075 ✭✭✭mikeecho


    GM228 wrote: »
    WhatsApp and Viber are capable of sending/receiving SMS and multimedia content so are covered also.

    It's an unenforceable law.
    The proofs required are unobtainable without going to the extremes.

    If use the cars inbuilt system, ie idrive etc.. technically its a phone.. but at the same time it's not.

    Silly law, unenforceable.

    Anyway... It's extremely unlucky / unlikely to get caught for any traffic offence.


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    #23
    jakko86
    Registered Users Posts: 308 ✭✭jakko86


    harr wrote: »
    Yes is probably the answer ,if the guard missed your reg the first day and spotted you a couple of weeks later. I don't see anything stopping him from doing it...but I recon it would be highly unlikely. It would be your word against his that he only took the reg number the couple of weeks after he stopped you.But as another poster pointed out the chance of him remembering you after a few weeks specially if it was a brief conversation is slim...
    But then how could he be sure he had the rite van I know he'd be pretty sure but without pulling me in at the time and taking my details he can't really stand up in court if it came to it and say I took the reg 2 weeks later after the incident.surroy not correct procedure.


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    #24
    harr
    Registered Users Posts: 4,478 ✭✭✭harr


    jakko86 wrote: »
    But then how could he be sure he had the rite van I know he'd be pretty sure but without pulling me in at the time and taking my details he can't really stand up in court if it came to it and say I took the reg 2 weeks later after the incident.surroy not correct procedure.
    Probably your word against his, he more than likely would never mention getting your reg two weeks after the first stop ..he would more than likely put details through on the date he first spoke to you..you have no proof he did not take details first day...


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    #25
    millington
    Registered Users Posts: 1,287 ✭✭✭millington


    harr wrote: »
    Yes is probably the answer ,if the guard missed your reg the first day and spotted you a couple of weeks later. I don't see anything stopping him from doing it...but I recon it would be highly unlikely. It would be your word against his that he only took the reg number the couple of weeks after he stopped you.But as another poster pointed out the chance of him remembering you after a few weeks specially if it was a brief conversation is slim...

    Probably the answer? :eek::eek::eek:

    No is the answer. Penalty points can not be applied to a registration plate. He would have had to take your details the first time.


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    #26
    beer enigma
    Registered Users Posts: 6,131 ✭✭✭beer enigma


    millington wrote: »
    Probably the answer? :eek::eek::eek:

    No is the answer. Penalty points can not be applied to a registration plate. He would have had to take your details the first time.

    So how do speed cameras work then ?

    In any event, it sounds like he wanted to give you a bit of a chat the first time but didn't want to hold the traffic up, so seeing you again was probably just marking your card by visibly taking (or pretending to take) a note of your reg. I very much doubt you'll hear any more, but it will certainly make you think twice before you go anywhere near your phone next time.

    Sounds like a Guard with some common sense to me.


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    #27
    dodzy
    Registered Users Posts: 9,930 ✭✭✭dodzy


    corks finest wrote: »
    Didn't say u acted thick, tried the primrose, no joy,,,,,I also put myself in that idiot category,,, if I put my paws on the phone, (did it b4,not an angel)but definitely never again,in a similar vein,just finished walking the bow wow,in crosshaven,the amount of cretins with phones up to the their ears is baffling, especially as a lot of the idiots are driving newish motors with Bluetooth connectivity on-board.dunno,giving up giving out.

    u - you
    b4 - before

    There should be a fine for this.


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    #28
    dr.fuzzenstein
    Banned (with Prison Access) Posts: 16,635 ✭✭✭✭dr.fuzzenstein


    corks finest wrote: »
    Take your oil,u were at your phone,whilst in control of a motorised vehicle, your fault, no one else's,its this lack of attention when in a car that can,and does cause accidents, are u so important that u can't leave it alone,till u are finished your journey, probably waiting for Obama/Trump to call and seek advice from you!

    If you're Corks finest, Cork is doomed.


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    #29
    millington
    Registered Users Posts: 1,287 ✭✭✭millington


    Andip wrote: »
    So how do speed cameras work then ?

    In any event, it sounds like he wanted to give you a bit of a chat the first time but didn't want to hold the traffic up, so seeing you again was probably just marking your card by visibly taking (or pretending to take) a note of your reg. I very much doubt you'll hear any more, but it will certainly make you think twice before you go anywhere near your phone next time.

    Sounds like a Guard with some common sense to me.

    Speed cameras work on a different basis to a Gard on a bike saying you were on your phone :D


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    #30
    corks finest
    Registered Users Posts: 8,636 ✭✭✭corks finest


    dr.fuzzenstein wrote: »
    If you're Corks finest, Cork is doomed.

    Doomed the day they let non corkonians in ,and them not even needing passports to our sunny state let, worst of all the road from Dublin


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    #31
    HanaleiJ5N
    Closed Accounts Posts: 335 ✭✭HanaleiJ5N


    corks finest wrote: »
    Take your oil,u were at your phone,whilst in control of a motorised vehicle, your fault, no one else's,its this lack of attention when in a car that can,and does cause accidents, are u so important that u can't leave it alone,till u are finished your journey, probably waiting for Obama/Trump to call and seek advice from you!

    Seriously, you really should read the thread before you start going off on one like this (hint; Bandara who you were responding to, was not the OP, and so you basically just wrongfully launched a tirade at him/her for using his/her phone while in control of a vehicle, you wouldn't have done so had you, you know, done exactly as Bandara suggested and "read the initial post correctly")


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