Possible FPN - Advice in preparation

[misscem18]

I broke down today on a minor A road about three car lengths away from the traffic lights , and I had turned my engine off, put the handbrake on and put the warning lights on. I had dialled the number for Tesco breakdown, and I was in the process of moving over to the passenger side when a police van passed on the other side, and one of the officers mouthed at me to get off my phone.

 

If I do receive anything in the post (I don't know how FPNs work), what should I do? I was not actually driving the vehicle, and everything was switched off, so was I committing an offence or not? I'm not trying to dodge the fine, I just don't know whether I was in the right or the wrong.

[CHRIS44G]

If you were not driving, i.e. engine off there is no offence as far as I know.

[crem]

I believe, by the absolute letter of the law (and as we know the law is often an ass) being in the driver's seat would qualify you as being in control of the vehicle, and as such, you were also therefore using a hand held mobile phone whilst in control of the vehicle.

 

I would however, be amazed if an FPN resulted from this incident, and if it did I think I would most certainly plead not guilty to it and take my chances at court.

[Raykay]

The offence is 'No person shall drive a motor vehicle on a road if he is using a hand-held mobile telephone' - s.110 Motor Vehicles (Construction & Use) Regulations 1968.

So by just by sitting in the drivers seat you may not be committing the offence.