(28 Apr 2022, 12:49 pm)deanmachine wrote Is it really that much different to listening to the radio in a car though? Yes a car's radio can also distract you if you have it loud enough, but you'd have a hard time arguing that airpods are more distracting than listening to a radio.

The difference being, you don't wear a radio.

Here's what the DVSA/Government have to say:

https://www.gov.uk/using-mobile-phones-w...ng-the-law

Using a phone, sat nav or other device when driving

It’s illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle.

This means you must not use a device in your hand for any reason, whether online or offline.

For example, you must not text, make calls, take photos or videos, or browse the web.

The law still applies to you if you’re:

stopped at traffic lights
queuing in traffic
supervising a learner driver
driving a car that turns off the engine when you stop moving
holding and using a device that’s offline or in flight mode
Exceptions
You can use a device held in your hand if:

you need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop
you’re safely parked
you’re making a contactless payment in a vehicle that is not moving, for example at a drive-through restaurant
you’re using the device to park your vehicle remotely
Using devices hands-free
You can use devices with hands-free access, as long as you do not hold them at any time during usage. Hands-free access means using, for example:

a Bluetooth headset
voice command
a dashboard holder or mat
a windscreen mount
a built-in sat nav
The device must not block your view of the road and traffic ahead.

Staying in full control of your vehicle
You must stay in full control of your vehicle at all times. The police can stop you if they think you’re not in control because you’re distracted and you can be prosecuted.

Penalties
You can get 6 penalty points and a £200 fine if you hold and use a phone, sat nav, tablet, or any device that can send and receive data while driving or riding a motorcycle.

You’ll also lose your licence if you passed your driving test in the last 2 years.

You can get 3 penalty points if you do not have a full view of the road and traffic ahead or proper control of the vehicle.

You can also be taken to court where you can:

be banned from driving or riding
get a maximum fine of £1,000 (£2,500 if you’re driving a lorry or bus)

So one interpretation is that a Bluetooth headset of any kind is an extention of your phone and is being used to transmit or receive data. If you skip a track using your phone, it is an offence as you're prohibited from using your phone whilst in control of your vehicle. If you're skipping through tracks because your earpiece has controls allowing you to do so, you might still be causing an offence as one might argue you are being distracted, especially if there's an accident and there's evidence to suggest you were fiddling with your earpiece at the time.

Also, it is up to the discretion of the police to judge whether or not you're in control of the vehicle. If they have reason to believe an earpiece is causing a distraction in some way, then, as explained in my previous post, they can pull you over and give you a ticket. Of course, you can contest and argue the toss in a court of law, but you're going to need a decent lawyer because the burden of proof in going to be upon you to disprove the judgement of the police, which is probably going to be a costly affair.

It's also worth noting the maximum penalty for not being in control of a bus or a lorry is £2500, which reflects the severity of the offence due to the nature of the vehicle involved. You don't even have to be involved in an incident for that fine to be levied, all it takes is for a police officer to believe you are distracted. Again, you can argue the toss, but I think a magistrate, a judge, or a jury (if it gets that far), is less likely to be lenient if it is discovered you were carrying passengers at the time.

Now, you might think the examples I've outlined are extreme and, perhaps they are, but is it really worth risking a fine, points or a ban just so you can listen to Des O'connor Greatest Hits on your phone?