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£120 fine for 80 second phone call at roadside
David Williams, Motoring Editor14.04.08
A driver who pulled over to take a mobile phone call from his mother has been forced to pay a high price for the conversation - about £1.40 a second.
Nick Tubbs was dashing to a meeting in Westminster when his phone rang. His hands-free earpiece was not connected so he took the safe course of action and stopped briefly at the side of the road in Bruton Street in his LPG-powered Mini.
The call lasted one minute and 23 seconds. But a week later the property developer from Shepherd's Bush received a £120 fine for "parking" on a single yellow line.
He paid the penalty at the 50 per cent discounted rate of £60 to avoid the fine rising to the full amount but protested his innocence and demanded to be let off.
However, Westminster cashed his cheque and refused to back down.
In a letter to Mr Tubbs, the council said: "You stated that the vehicle was not 'parked' as you were in the vehicle with the engine running. The word parking is defined as follows: 'To park, to stop or leave a vehicle in a specific location.'
"This means that you do not have to leave the vehicle in order for it to be parked. Stopping to answer a mobile phone is not permitted on yellow lines.
"Your vehicle was recorded for one minute and 23 seconds. This is considered to be long enough time in which we should see some activity that indicates why the vehicle was parked." Mr Tubbs, 45, said: "This fine is utterly ridiculous and means that almost any driver in London who dares to pause at the side of the road for a few seconds to check a map or take a call is at risk. What are you meant to do if your phone rings? It is absurd for Westminster to claim it was parking. I was in the car and the engine was running."
Parking campaigner Barrie Segal of Appealnow.com said: "This is an absurd method of enforcement and one that encourages people to think this is not about keeping traffic moving but revenue.
"Westminster may technically be correct but it means that anyone stopping for even a second or two to blow their nose or with hayfever now risks a fine. If a parking attendant had seen him, instead of a CCTV camera operator, he may well have simply been asked to move along."
A Westminster spokesman said: "Drivers are not allowed to wait at this location during controlled hours unless they are loading and unloading, which this motorist was clearly not doing.
"As a result, he was issued a ticket by one of our CCTV cameras, which he subsequently paid. The camera images also showed that the motorist was waiting near a busy junction, causing a blockage, and forced other motorists and a cyclist to veer around him."
Reader views (18)
Over 1M motorists with no insurance, MOT and driving licence, yet nothing is done to catch them. But if one stops 1 minute to answer a call one is penalised straight away. How very convenient for the Westminster Gestapo!
- John Smith, London, UK
He broke the law, he deservedly got fined. Is this really news?
- M, Teddington
Westminster is being entirely unreasonable. This is part of the progressive criminalisation of middle-class life in Nu-Labour Britain.
- Stuart Andrews, London, UK
I am distraught to think that nobody mentioned that Nick Tubbs was also breaking the law by speaking on his mobile while the engine was still running. He said 'what are you meant to do if your phone rings?' you are supposed to ignore it until you find somewhere legal to park and switch off your engine.
on page 4 of the same newspaper you print that a third of drivers fail to heed Highway Code. This includes Mr Tubbs - i am glad he was fined, mainly because I am really angry with people who ignore the law about mobile phones and driving.
- Pat, Portsmouth, UK
Obviously, Andrew from Peterborough did not read the article properly as he was not parked on double yellow lines but he was parked on single yellow lines. The law changed last month so that councils can use CCTV now to give fines. This is unfair. He was pulling over so he did not risk causing an accident. He should have checked the signs to see what restriction they had on them. In his appeal, he should have taken it to adjudication and told them him did not want to pay up or risk a fixed penalty from the police. Either way motorists lose out. Can you not do anything in your car these days... You are not even allowed to some in company cars or even drink water! this country is getting ridiculous and anything to get more money from the motorist....
For a legal point of view, the old traffic wardens would have to observe the vehicle being in a stationary position for at least 5 minutes before a ticket was issued and the new law should be looked into again to see if this is valid. With regards to the loading and unloading, the vehicle is given up to 20 up to to 2o minutes to park. This also applies to dropped kerbs and parking in front of drives, so if anyone gets a ticket with less than 5 minutes observation time, then appeal it on this basis.
- B Walsh, London
When they have priced us all off the road where is the money going to come from.
- Dave, Croydon
A remedial course of driving lessons would suit this motorist, especially the element about obeying laws and having a responsible attitude towards other road users.
- Rj, Nottinghamshire
Although I feel for this man, it is annoying when cars just pull over on roads in the silliest of places to answer a mobile. Just last week one guy caused a mile long tailback because he had chosen to take his call in a totally dangerous spot for overtaking. Bit selfish if you ask me. Exercising common sense seems to leave people when they're safe and cosy in their car.
- Isabel, Woking, England
"What are you meant to do if your phone rings?" says Mr Tubbs. How about miss the call, get to where you're going, stop, park (legally), get out and call your voicemail if a message has been left. If not, ring the number that called you and explain why you missed their earlier call. Simple. Isn't it?
- Jc, London
Damned if you do, damned if you don't. Welcome to modern Britain.
- Adam, London, UK
Just another arrogant driver who thinks that their own needs exceed those of other road users around him. Double yellow lines are there for a reason and they don't carry less of an obligation because of an inflated sense of self-importance. Mr. Tubbs asks what is expected of drivers if their phone rings. The answer, is very obvious to the majority of us who respect the law and fellow citizens. The expectation is that you find a safe and legal place to pull over and park properly.
Interestingly enough, by his own admission, Mr. Tubbs did not turn off his engine whilst answering the phone. Regardless of the double yellow lines, this is an offence in law itsef, which carries a fine and penalty points. Perhaps Mr. Tubbs should be explaining why the law shouldn't apply to him to the police.
- Andrew, Peterborough
Always find it amusing that you say the fine is discounted by 50% if paid within a short time period. Realistically that is just a polite way of the borough saying pay up now, or we will double your fine...
- Joanna, London
So, by Westminster's definition if two cars collide and come to a stop both drivers get fined. Yet leaving the scene of an accident is a crime.
- Martin, Cheltenham uk
He shouldn't have paid, he should have appealed, it's really clear when they send you the notice, you appeal, it stops the process while it's investigated, then if they find against you, you still have 14 days to pay the 50% fine.
- Nu, london
What's his problem? He stopped on a yellow line and got fined - he could always have rung back later, that's what we used to do before the mobile began to dominate our lives.
- Paul, London
Look on the bright side. If he had carried on driving and answered his phone then he could have faced a fine and points on his licence.
- Joe, London
If the engine is running, the car is not parked. The problem is that every borough makes up its own rules about what is and is not "parking".
- Nobby Clark, Perth, UK
This shows that its all about making money any way they can and no common-sense whatsoever!
- Joe Sardena, Swanley Kent
