(28 Apr 2022, 2:02 pm)MurdnunoC wrote 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


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?

I wasn't talking about a bus, as I know it's a lot more serious then passenger cars, my argument was if you're driving an older car with no way to play your own music, unlike my car with it's built in Apple Car play, it's fine for me to listen to music on the go, but god forbid someone in an older vehicle is wearing an airpod in their ear. Like it's some completely different thing to using a car's built in entertainment system. I can shout at Siri to change my AirPods when I'm out for a run (not that I would as I'd look like a nutter). Whereas when I'm driving my car I press buttons on my steering wheel, which isn't hands free, yet is completely fine in the law, unless you crash whilst doing it.

My criticism is entirely with the law, they have such heavy penalties for people using mobile phones whilst driving (and rightly so), but modern cars with their touch screens are exactly the same thing, yet knock yourselves out using your cars infotainment, just don't crash.