Taxi Driver Online

Recently had dealings with our friendly boys in blue, regarding the use of PDA’s by drivers whilst working. The police have advised that PDA use contravenes the new Mobile Phone Laws and that if any driver is caught again using one whilst driving, they will be subject to fine and points!

I’ve had a look at the Law and the relevant sections, which say:

(1) No person shall drive a motor vehicle on a road if he is using -

(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4).

(4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.

(6) For the purposes of this regulation -

(a) a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;
(b) a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence);
(c) "interactive communication function" includes the following:

(i) sending or receiving oral or written messages;
(ii) sending or receiving facsimile documents;
(iii) sending or receiving still or moving images; and
(iv) providing access to the internet;
(d) "two-way radio" means any wireless telegraphy apparatus which is designed or adapted -
(i) for the purpose of transmitting and receiving spoken messages; and
(ii) to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz;

To say the least, I am struggling a bit. Does it mean that I can or cannot use a PDA whilst driving, because I can or may need to use it as a hand held, AND/OR because it is attached to the internet via GPRS?

Does it mean I can use a Data Unit, because it is fixed to the car?

If so, how is this going to affect companies such as Cordic and Mercury, who only provide a PDA Solution?

Any answers would be gratefully appreciated.

Does your PDA stay in a holder or cradle when in use or do you have to pick it up? this seems to me to be the relevent section.

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http://wingsoverscotland.com/ http://www.newsnetscotland.com/

Well if your Policeman is correct Tom Tom are just about to go out of business.

Obviously the PDA has to be in a cradle when being used.

If you hold it in your hand whilst driving it become illegal.

Our new policy prohibits a driver using a mobile phone whilst driving at all, even in a hands free cradle.

I thought it would a total pain in the arse but you should see how much my phone bill has plummeted.

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A member of the Hire or Reward Industry

This was asked, but they said it did not include TomTom type devices, along with 2 way radios....

There is nothing to stop you using a phone hands free, I have just got a parrot rhythm and blue car radio with built in blue tooth, just select blue tooth on the Mobil hit the key pad lock and keep the phone in the pocket, if i get out of the cab to give someone a shout or I'm loading the boot I still have a way of answering the call, when the phone rings when driving I just touch the radio screen, once and talk away, best think since sliced bread these car radios, you just pull your old one out, and slot the new one in hit the on button and your away and no wiring or holes to drill
The best thing of all it stops you looking like that slap head in the beer advert where he is bared for using the earpiece

Have a look at the "Exemptions" to the Act. They could hold further possibilities.

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There is Significant Unmet Demand for my Opinion.

The thing stopping us using talking on the phone whilst driving, even hands free, is company policy.

The science shows that the increased risk of holding the phone from using a hands free kit is negliable. The real danger is holding the conversation at all.

You are the same risk talking on your hands free phone when driving as you are driving over the drink drive limit.

That is the evidence apparently and my three main clients all insist we mirror their policy which is 'engine on, phone off'.

If I don't they take rather a large amount of money to someone who will.

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A member of the Hire or Reward Industry

The simple answer as I see it is that if you have to touch it, don't use it.

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Grandad,

So all the firms using PDA's are breaking the law by accepting jobs whilst on the road?

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Life? Don't talk to me about life!
http://www.youtube.com/watch?v=wjm2eslm6hI

Surely the taxi/PH trade is using PDAs as "two-way radios".

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IDFIMH

I dont think they can, because of the frequency bit in the law ( to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz), and also because the law clearly states that it excludes 2-way radios.

Another interesting point is that the law mentions you cannot use a device to connect to the internet....does this include using GPRS and connecting to an office by the www?

I suspect the spirit of this is "web-browsing". In any case, you're accessing a dedicated server on your company's premises as opposed to a web-server on the internet.

So true, so true.

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Next time you wave, use all your fingers.

Warning if you have a PDA do not use it hide the thing,
last night the traffic stopped 4 drivers and gave them fixed penalty tickets, 3 points and a £60 fine, they have classed them as a mobile phone

Well that's just plain stupid, their must be tens of thousands of them in taxi/PHs.

Tell them to appeal, and quote the opt-out.

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IDFIMH

What is the opt-out Sussex info please, I spoke to one of them today and he said that the traffic had said that as the PDA works on the mobile frequency and not the two way one, that they where now cracking down on there use and he was informed that they where illegal to use, he was told that he could still use his two way radio as that was not covered in the law. after he and the other 3, all from the same company, they went back to using the 2 ways.
is there any info i could pass on to them as they do not have a comp