[Dadwhitey]

A journey I do daily in different vehicles I sometimes I get stuck at rail crossings for anything up to 20 mins .

Now when I do the journey in the f31 and I leave the stop/start on if I have the handbrake on and the engine has went off can I be prosecuted if I pick my phone up when I'm waiting on the barrier lifting .

I'm thinking yes as I'm still on the main road and haven't pulled over , wife thinks differently.

[Kyuuseishu]

You have to prove that you are 'parked' with the engine off. Unfortunately sitting waiting at a level crossing doesn't scream parked to me, and I don't think the courts would agree either!

[Dadwhitey]

Originally Posted by Kyuuseishu

You have to prove that you are 'parked' with the engine off. Unfortunately sitting waiting at a level crossing doesn't scream parked to me, and I don't think the courts would agree either!

This is what I was thinking myself and saying this to my wife .

[F32 BMW]

I'd say it would be down to the copper/court to prove you're not in control of the vehicle. Sat in a queue of traffic with the engine off while waiting for the train barriers to lift would be difficult to prove I'd say.

[JLR1969]

Common sense you are in traffic so you are committing an offence, same as if you were sat at a red traffic light

[Dadwhitey]

Originally Posted by Lobb

I understand the penalties have recently increased for using a mobile. Why risk it? If you get caught by a policeman and you try and fight it in court, you will lose. Magistrates don't like this kind of thing coming to court. Like speeding, they see it as a waste of their and police time.

I'm not risking it , I'm a taxi driver so it's my livelihood to keep my license . It's one of them arguments you get in to with your other half .

She can test it out

[Kal101]

Just turn your blue tooth on.

It's really not worth the risk and aggro.

[Rich9600]

My understanding is you can't use auto stop as ignition off in the eyes of the law. It can spontaneously start if it thinks the car needs cooling or warming etc.

If you had pressed "stop" to stop the engine, then you could argue you were parked as you would have to press it again to start the car.

But, why not just use Bluetooth and the iDrive?

[Dadwhitey]

Originally Posted by Kal027

Just turn your blue tooth on.

It's really not worth the risk and aggro.

Bluetooth is alway on , it's one of 3 features I use all the time , HUD it never off and reverse camera.

I've even seen me put the reversing sensors on and reverse camera to see how close someone is when in standing traffic if I think there on my bumper .

I was thinking more along the lines of looking at a txt message or email .

[AndyEssex330d]

You're in charge of a vehicle, and on a highway, you can get done for it.

Private land/car park/designated public parking, engine off and you'll be okay.

[Danny Fireblade]

Fraid it still counts as using a handheld mobile phone while driving, and will still result in the same fine and points.

Same as in any other traffic jam, temporary hold up or traffic situation.

If you were pulled over at the side of the road and parked then that would not be the same and would be legal.

[TouringPleb]

You are right.

The same principle would be stopped at any red light. Being stopped at a red light doesn't count as parked.

[Hooded]

I think the keys also have to be out of the ignition while your parked out of the line of traffic

[Dave1963]

Originally Posted by Dadwhitey

I was thinking more along the lines of looking at a txt message or email .

I use office for emails and texts. I can also reply by dictating the message I want to send. I don't do this when driving but when static in traffic. Phone in the side pocket or centre console....

[Twenty2Three]

You would have to be unlucky to get collared if your sat in a line of traffic at a crossing
I assume there will be nothing coming the other way to spot you
So unless you have Police in front or behind then who is going to see you?
Not saying it right mind.

[Dadwhitey]

Originally Posted by Dave1963

I use office for emails and texts. I can also reply by dictating the message I want to send. I don't do this when driving but when static in traffic. Phone in the side pocket or centre console....

Is this option on your phone or car

[Dave1963]

Originally Posted by Dadwhitey

Is this option on your phone or car

I have pro Nav and EBT. It didnt work before I coded EBT (Extended or Enhanced Bluetooth). The dictation part is an APP, which is free for a certain amount of time and then a small charge....
It is definately the car, as this will work with any phone. I have a Blackberry which is the least supported phone on the planet!

[Dadwhitey]

Originally Posted by Dave1963

I have pro Nav and EBT. It didnt work before I coded EBT (Extended or Enhanced Bluetooth). The dictation part is an APP, which is free for a certain amount of time and then a small charge....
It is definately the car, as this will work with any phone. I have a Blackberry which is the least supported phone on the planet!

Cheers will look into this have pro nav but not sure about EBT , thanks