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Driving Standards

platinumsage said:
It's perfectly legal to use a handheld phone when driving, whether in motion or stationary, as long you don't use an interactive communication function on it.
Click to expand...
How do you figure that one out?

Road Traffic Act 1988

An Act to consolidate certain enactments relating to road traffic with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.
www.legislation.gov.uk www.legislation.gov.uk
Breach of requirements as to control of vehicle, mobile telephones etc.
A person who contravenes or fails to comply with a construction and use requirement—

(a)as to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or not causing or permitting the driving of a motor vehicle by another person in such a position, or

(b)as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device,

is guilty of an offence.
Click to expand...
It doesn't cease being an interactive communication device (or a telephone) just because you're currently doing something else on it.
 
Spymaster said:
It’s also currently legal to use it for interactive communications as long as it’s not in your hand .
Click to expand...

Indeed and this age of hands free devices it does make you wonder why so many people still choose not to use them.
 
mauvais said:
How do you figure that one out?

Road Traffic Act 1988

An Act to consolidate certain enactments relating to road traffic with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.
www.legislation.gov.uk www.legislation.gov.uk
It doesn't cease being an interactive communication device (or a telephone) just because you're currently doing something else on it.
Click to expand...

Case law:
www.pattersonlaw.co.uk

High Court Clarifies Law on Mobile Phone Usage - Patterson Law

The High Court has today handed down a Judgement, which clarifies the offence of using a mobile phone whilst driving. The offence is not committed unless it is proved beyond reasonable doubt (by the Prosecution) that the phone was being used for an ‘interactive telecommunication function’ at...
www.pattersonlaw.co.uk www.pattersonlaw.co.uk
 
Teaboy said:
Beyond telling the time what other usage does a phone have that is not considered an interactive communication?
Click to expand...
mauvais said:
How do you figure that one out?

Road Traffic Act 1988

An Act to consolidate certain enactments relating to road traffic with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.
www.legislation.gov.uk www.legislation.gov.uk
It doesn't cease being an interactive communication device (or a telephone) just because you're currently doing something else on it.
Click to expand...


Filming: Mobile loophole for filming drivers 'to be closed'
 
mauvais said:
How do you figure that one out?

Road Traffic Act 1988

An Act to consolidate certain enactments relating to road traffic with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.
www.legislation.gov.uk www.legislation.gov.uk
It doesn't cease being an interactive communication device (or a telephone) just because you're currently doing something else on it.
Click to expand...
Platinumsage is right. It does (unless there's been a law change since July 2019). There are however, plenty of other things you could be done for (without due care and attention etc)

thedrivingsolicitor.co.uk

High Court clarifies the law in 2019 on using a mobile phone whilst driving

On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. They said that the law prohibits using a mobile phone or other device for calls and other interactive communications and holding it at some stage during that process. But the law does not prohibit using a...
thedrivingsolicitor.co.uk thedrivingsolicitor.co.uk
 
mauvais said:
How do you figure that one out?

Road Traffic Act 1988

An Act to consolidate certain enactments relating to road traffic with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.
www.legislation.gov.uk www.legislation.gov.uk
It doesn't cease being an interactive communication device (or a telephone) just because you're currently doing something else on it.
Click to expand...
Platinumsage is right. It does (unless there's been a law change since July 2019). There are however, plenty of other things you could be done for (without due care and attention etc)

thedrivingsolicitor.co.uk

High Court clarifies the law in 2019 on using a mobile phone whilst driving

On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. They said that the law prohibits using a mobile phone or other device for calls and other interactive communications and holding it at some stage during that process. But the law does not prohibit using a...
thedrivingsolicitor.co.uk thedrivingsolicitor.co.uk

So using it as a camera or voice recorder doesn't count.
 
Teaboy said:
So a weird loophole which is being closed. OK.
Click to expand...
There's nothing weird about it. The law was against making hand held telephone calls or texting. Using another function is doing neither of those things so the judgement was eminently sensible. If you want to stop all use of smartphone functions then make that the law, but don't start whining that the law isn't being correctly applied when it is.
 
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Spymaster said:
There's nothing weird about it. The law was against making hand held telephone calls or texting. Using another function is doing neither of those things so the judgement was eminently sensible. If you want to stop all use of smartphones then make that the law, but don't start whining that the law isn't being correctly applied when it is.
Click to expand...

What are you on about now? :D
 
Teaboy said:
What are you on about now? :D
Click to expand...
Well it's not a loophole is it? It's just the law and it's the law being applied sensibly as opposed to it being interpreted incorrectly to suit a situation. It's pretty straightforward stuff. If you want to ban all smartphone usage then that's what the law needs to say, but you're heading down the route of making every other non-driving activity illegal too. Ban people for having a conversation while driving? Taking a swig of a drink? Changing radio channels or adjusting the volume? Even whilst the vehicle is at a standstill in motionless traffic and the engine's auto-stopped?
 
I know an Amazon driver that used to watch films when travelling to other Amazon depots on motorways.
 
Teaboy said:
Beyond telling the time what other usage does a phone have that is not considered an interactive communication?
Click to expand...
:confused: Camera, stopwatch, photo library, voice recorder, music, torch, timer, calculator .... how many do you want?
 
Last edited:
And of course, satnav. But until very recently it was illegal to touch it even for just that function, but a TomTom was alright.
 
Spymaster said:
:confused: Camera, stopwatch, photo library, voice recorder, music, torch, timer, calculator .... how many do you want?
Click to expand...
Don't forget television (or I suppose technically just a video playback device you don't receive "tele" video).
I was nearly run over by a driver who was watching something on their phone and didn't notice a fucking mini roundabout on the road they were driving on, and thus did not give way to me. Busy shopping street too with zebra crossings. I properly lost it when I caught up with them at traffic lights and saw the phone playing video.

I think there's been talk about creating a general "distracted driving" law which makes sense to me.
 
www.leicestermercury.co.uk

Driver hit cyclist and caused loss of her unborn baby

He drove off at speed and left her lying in the road with devastating injuries
www.leicestermercury.co.uk

A hit-and-run driver had downed eight double vodkas in a pub shortly before he crashed his van into a heavily pregnant cyclist - causing devastating injuries which led to the loss of her unborn child.

Gary Marston is thought to have been using his mobile phone and travelling at an estimated speed of 54mph when he struck the rider from behind in Aylestone Road, Aylestone, Leicester in December last year.
Click to expand...
 
BigTom said:
Don't forget television (or I suppose technically just a video playback device you don't receive "tele" video).
I was nearly run over by a driver who was watching something on their phone and didn't notice a fucking mini roundabout on the road they were driving on, and thus did not give way to me. Busy shopping street too with zebra crossings. I properly lost it when I caught up with them at traffic lights and saw the phone playing video.

I think there's been talk about creating a general "distracted driving" law which makes sense to me.
Click to expand...

Well there’s this but they didn’t bother updating it for televisions that aren’t cathode ray tubes, although courts have interpreted rather generously:

The Road Vehicles (Construction and Use) Regulations 1986

www.legislation.gov.uk www.legislation.gov.uk
 
hash tag said:
Asleep at the wheel :eek: (sorry if posted elsewhere). Both driver and passenger flat on their backs sleeping while their tesla was doing 90mph. So many issues with this
BBC News - Canada Tesla driver charged over 'napping while speeding'
www.bbc.co.uk

Canada Tesla driver charged over 'napping while speeding'

Canadian police said both front seats were fully reclined as the car drove at 150km/h.
www.bbc.co.uk
Click to expand...

The ante is always being upped.

Kids party in a Tesla drinking alcohol whilst it’s driving down the motorway in autopilot.

www.google.com

Video shows Tesla driving on Autopilot with nobody in the driving seat

Footage shows young men partying inside the car singing and bobbing along to Justin Bieber's classic hit 'Baby' as the car flies down the highway.
www.google.com www.google.com

Cool Tik Tok video tho bro :facepalm:
 
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