High Court Clarifies Law on Using Phone Whilst Driving

[ColinS]

On 31 July the High Court handed down a judgment which clarifies the law on the offence of using a mobile phone whilst driving.

The judgment states that it must be proved beyond reasonable doubt that the phone was being used for an 'interactive telecommunication function' at the time of the alleged offence.

Previously any interaction with your phone whilst driving was deemed an offence and the law has been slow to catch up to the numerous other purposes for which we use smartphones these days. Now there is a clear distinction between using the features of a smartphone such as navigation and music and the telephony features.

There is still the catch-all legislation of driving without due care, so this this is not a green light to drive one handed whilst holding your phone in the other and looking at a map. A good car mount should still be considered an essential but it does at least now mean we can use the SatNav and music functions and interact with them without fear of a fine so long as common sense is applied.

Source: https://www.pattersonlaw.co.uk/

[Jocko]

I see the Commons Transport Select Committee has suggested that even hands free mobiles should be illegal to use when driving. They reckon it is just as distracting as a handheld mobile. I would be all for a ban, but I cannot see it being implemented, and if so, policed.
Mind you, if it was policy to check phone use after an accident, as it is to breathalyse a driver, then drivers might think twice (driver's of German cars excluded).

https://www.bbc.co.uk/news/uk-49320473

[culzean]

There have been many studies over many years about using phones while driving and they all conclude that there is actually no difference in the distraction between hand held and hands free.  People were shown video clips while not engaged in a phone conversation and asked questions on the content, this was repeated while they were involved in a phone conversation and the scores plummeted - just like driving for a mile while on the phone and not being able to recall many details of what was happening on the road.   Video cameras in vehicles also monitored driving while  talking on phone and while not, and they found while involved in phone call the frequency of tailgating and lane wandering increased - as well as the time to make an emergency stop increased.  They reckon being on the phone while driving is equivalent to being over blood alcohol limit.   They reckon main problem is that when on the phone people try to picture the person on the other end and what they are doing or where they are.

Talking to passengers in'a shared environment' was nowhere near as distracting because they can see what you can see and stop talking when necessary,  and drivers could listen to talking books without significant distraction.  Truth is most phone calls from cars are not necessary and are either people phoning drivers 'for a chat' or drivers phoning their company or boss and getting involved in discussions involving lots of thinking required...   I have heard our neighbour making a call ( her phone and dialing is easily heard out side the car ) as she drives away from her house, why she couldn't have made it before she started driving I don't know.

The problems is humans will do things 'because they can' - the mobile phones in vehicles Genie is out of the bottle - it won't go back in easily....  all they can do is confiscate phones after an accident and check phone usage, and if driver was on phone and it was considered as contributing to accident the penalty should be severe.

https://www.rospa.com/media/documents/road-safety/mobile-phones-and-driving-factsheet.pdf

[culzean]

new laws coming for mobile phones in vehicles..

https://inews.co.uk/news/uk/new-mobile-phone-driving-laws-explained-what-the-hand-held-device-ban-means-and-if-holders-are-still-allowed-1310220

[embee]

I remember seeing a piece on TV about formula one racing drivers. They did some multi-task tests, doing the light wall game (press the button which lights up) while answering questions. The conclusion was that it was the ability to efficiently carry out multiple concentration/analytical processes simultaneously which separated the top rank from the also-rans (i.e. the rest of us), plus they were quicker at everything. Unfortunately the general public (us) are not superhuman and we are not able to concentrate effectively on more than one thing at a time.
I do odd-jobs for other folk, and I always have a rule that while I'm in the middle of doing something, please don't start talking to me about another "little job".
Personally I dislike mobile phones (devices) with something of a passion, and use one only when I have to. I wouldn't ever consider trying to use one for anything while driving, but I recognise that I'm in the geriatric minority.
I try to be quite self-critical, and I know full well that my reactions are not as good as they were 20 or 30yrs ago. Anyone who kids themselves that at 60, 70, or 80yrs old their reactions are just as good as a 25yr old is a danger to themselves and others. Recognise your limits and keep within them and you'll be OK.

[Kremmen]

When I'm out walking I'm staggered by the number of drivers on phones. Texting at traffic lights is very common.

A lot are not even trying to hide it, phone to ear in clearly visible.

[Mr Onion]

Taken from Roadsmart, the magazine of the Institute of Advanced Motorists Spring 2022

New Laws are now in force to prevent the use of mobile devices an vehicles. Previously it was illegal to text or call from a handheld device whiles driving, apart from in an emergency. Now police can prosecute drivers who use a phone to take photos or videos, scroll through playlists or play games.

The regulations apply even when the vehicle isn't moving, including at traffic lights and in jams. In addition to making an emergency call, the only exception is for using a phone to make a payment for services such as tolls and drive-through restaurants. Drivers may continue to use a device "hands-free" while driving , such as sat-nav,provided its in a cradle, but must ensure that they are not distracted.

[culzean]

When I'm out walking I'm staggered by the number of drivers on phones. Texting at traffic lights is very common.

A lot are not even trying to hide it, phone to ear in clearly visible.

When the law was first passed all those years ago by Parliament the police gave the wrong message by delaying its implementation for 6 months, and ever since the law has been a joke to many people, with a very small chance of getting caught. 

[culzean]

This is a worry... wonder what other things we cannot do simultaneously ?  "The brain switches from one task to another" Whybrow says " it does not do two things at once "

https://www.today.com/health/your-brain-cant-swipe-hear-same-time-scans-show-t60356

[embee]

This is a worry... wonder what other things we cannot do simultaneously ?  "The brain switches from one task to another" Whybrow says " it does not do two things at once "

https://www.today.com/health/your-brain-cant-swipe-hear-same-time-scans-show-t60356

.......... sorry for the delay in replying, I was drinking tea. 

Often attributed to President LBJ and referring to Gerald Ford, "he can't walk and chew gum at the same time". He reportedly actually said "he can't fart and chew gum at the same time".
I know the feeling.