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#Post#: 28879--------------------------------------------------
Re: Have I been caught?
By: Spinstorm Date: July 6, 2024, 6:13 pm
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[quote author=slapdash link=topic=4.msg28869#msg28869
date=1720300692]
You will have to wait and see what comes through the post. It
might be a good time to get out the V5c and make sure it has the
correct address. Or if the vehicle is leasedor similar that they
have you correct address.
Whether you committed an offence depends on whether what you
were doing is driving. Or rather whether you want to defend a
charge on the basis you were not.
[/quote]
I was parked. I wasn’t going anywhere. I’d like to think if they
did report it to police that the police would realise that and
not punish me. But that’s the whole point of the question.
Having said that, maybe it was that I looked suspicious. Why
would someone walking down a residential street spotting a car
not moving and for all intents and purpose parked start taking
photos to send to the police. That seems like the least likely
scenario in hindsight. More likely wanted to make sure he had
photos in case something did happen in the area as he was
suspicious. Although even then you have to be super paranoid to
do that… but maybe my initial thought was the more likely one.
#Post#: 28889--------------------------------------------------
Re: Using Phone while Parked with Engine on?
By: 666 Date: July 7, 2024, 1:40 am
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[quote author=Spinstorm link=topic=4.msg28863#msg28863
date=1720288210]
I was parked in my car, hand brake engaged and indicating that I
was by the road. But the engine was on.
I was in a residential street near my house. I was adjusting a
go pro using my phone to check what I could see.
I wasnt moving, or attempting to move.
I noticed someone walking their dog taking photos or maybe a
video of me. At first I thought nothing of it. But as I lifted
my phone to check the angle I then saw him get his phone out
again. I don’t know for sure he was taking photos of me. But the
fact that he seemed to be hanging around and taking them
suggests he was doing that.
Now it may be that he thought I looked suspicious or something
like that but I can’t help but think it was the fact I was in
the car holding my phone. So if he was someone who happened to
like reporting people for using their phone in the car am I in
trouble?
Did leaving my engine running mean I’m going to get lots of
points even though I was parked, indicating and had the hand
brake on?
[/quote]
What does "indicating that I was by the road" mean?
If you were parked, why did you need a signal at all?
#Post#: 28890--------------------------------------------------
Re: Have I been caught?
By: Spinstorm Date: July 7, 2024, 1:50 am
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Because it was an empty road and I was being extra safe as the
engine was on.
There are quite a lot of older people who live around here and
I’m not totally confident that they are the best drivers so I
thought I’d indicate to be safe.
I didn’t need to indicate. And I didn’t need the engine to be
on. But both were because I stopped to adjust the camera for a
short time.
#Post#: 28896--------------------------------------------------
Re: Have I been caught?
By: slapdash Date: July 7, 2024, 4:19 am
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Assuming footage is sent, and it is reviewed as a likely
offence, 2 elements of the offence - using and it being a
relevant device - seem certain.
That leaves driving. What constitutes driving for the purpose of
this legislation is not defined.
The fact you were indicating and had the engine running (by
choice apparently) suggests this may have been nothing more than
a brief stop in the course of a journey and were still driving.
If it were a layby or similar. Maybe not so much.
#Post#: 28897--------------------------------------------------
Re: Have I been caught?
By: Spinstorm Date: July 7, 2024, 4:28 am
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I was stopped for several minutes adjusting the camera.
He took a photo when I first stopped and as he walked past. I
can’t say exactly the timings here as I wasn’t staring at him
walking down the street. I was adjusting the camera. But it
seemed like a long time as the reason I noticed him was the fact
he was going so slowly.
As with everyone on this thread I will just have to wait and see
if I get anything in the post. And hope that he was just a
strange person who thought I looked suspicious.
But really what kind of person takes photos of someone in a car
stopped at the side in a residential street (with no road
markings such as yellow lines) minding their own business to
report to the police? It seems like unusual behavior. Whereas
someone adjusting a camera in front of expensive houses could be
looking suspicious and make someone want to take photos. But
equally what criminal indicates while scouting for places to
target 😂
#Post#: 28902--------------------------------------------------
Re: Have I been caught?
By: 666 Date: July 7, 2024, 5:02 am
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[quote author=Spinstorm link=topic=4.msg28890#msg28890
date=1720335006]
Because it was an empty road and I was being extra safe as the
engine was on.
There are quite a lot of older people who live around here and
I’m not totally confident that they are the best drivers so I
thought I’d indicate to be safe.
I didn’t need to indicate. And I didn’t need the engine to be
on. But both were because I stopped to adjust the camera for a
short time.
[/quote]
Sorry, what exactly were you indicating?
You were "parked" at the kerb. Were you signalling left, or
right? Or hazards? And what intention were you trying to convey?
#Post#: 28903--------------------------------------------------
Re: Have I been caught?
By: Spinstorm Date: July 7, 2024, 5:10 am
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I was indicating the side I was parked on.
I was indicating becuase I didn’t want someone to come along and
not see me even though I was very visible I was being safe.
I adjusted the camera and used my phone to check the angle. Once
I was happy I put the phone down and I started driving again. I
had zero intention of driving with the phone in my hand or using
it. And I stopped to adjust it and pulled over and parked as far
as I was concerned for that reason.
The only issue here is the fact I had the engine on. And I
didn’t turn it off and truthfully that’s because I wasn’t
thinking about the engine. I wanted to stop and be safe before I
adjusted the camera.
From my perspective I wasn’t driving. I was being safe and
conscientious. Even if the engine was off I’d have left the
indicator on.
The car does have start/stop but I can’t tell you if the engine
was running the entire time or not as that wasn’t what I was
focussed on. Logically it should have turned off after several
minutes stopped with the handbrake on but who knows.
I think the irony here is that IF he reports me and IF the
police did decide to give me 6 points and a fine it would be
because I was being safe and careful. I could have totally
adjusted the camera while driving but I didn’t. I stopped and it
is only because I stopped that this person was able to see me
and take photos.
#Post#: 28909--------------------------------------------------
Re: Have I been caught?
By: 666 Date: July 7, 2024, 5:54 am
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[quote author=Spinstorm link=topic=4.msg28903#msg28903
date=1720347029]
I was indicating the side I was parked on.
I was indicating becuase I didn’t want someone to come along and
not see me even though I was very visible I was being safe.
[/quote]
OK, maybe the guy was simply baffled by your use of the
indicators (contrary to the Highway Code*) , and wanted to post
it up on the internet for amusement.
* = Rule 103 "use them to advise other road users before
changing course or direction, stopping or moving off", and "make
sure your signals will not confuse others"
Rule 116 "Hazard warning lights. These may be used when your
vehicle is stationary, to warn that it is temporarily
obstructing traffic."
#Post#: 28915--------------------------------------------------
Re: Have I been caught?
By: slapdash Date: July 7, 2024, 6:55 am
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[quote author=Spinstorm link=topic=4.msg28903#msg28903
date=1720347029]The only issue here is the fact I had the engine
on.[/quote]
It isn't. The issue is were you driving.
[quote]From my perspective I wasn’t driving.[/quote]
Then plead not guilty and persuade the bench. About a grand and
6 PTS if you fail. Most of what you say is utterly irrelevant to
whether or not the offence was committed.
If you were actually safely parked (which you weren't in my
view) then you would quite likely not be driving. The fact you
were not safely parked does not necessarily mean you were
driving (though I think you probably were).
#Post#: 28916--------------------------------------------------
Re: Have I been caught?
By: Spinstorm Date: July 7, 2024, 6:58 am
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I’m not going to risk court if I got an offer because I agree
that it’s too much of a risk to take in terms of a fine. I
certainly cannot afford a massive fine like that.
However, I was at the side of the road, hand brake on. I wasn’t
even wearing my seat belt as I took it off. I was indicating for
safety (although it appears that isn’t in the Highway Code) but
the engine was on.
I don’t see how that can be considered driving. But I’m not
risking it equally.
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