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Driver who filmed crash 'could lead to law change' (BBC article)

https://www.bbc.co.uk/news/newsbeat-49183231

Quote:

The laws around using a phone while driving "could be changed quickly" after the case of a driver who was caught filming a crash.

Ramsey Barreto was found guilty of using his phone to film a crash in north London two years ago.

The 51-year-old then successfully appealed, with his lawyers arguing "he wasn't using it to communicate".

Now two judges at the High Court have criticised the law around driving and mobile phones, which is 16 years old.

"For years we've been arguing that the legislation has become nonsensical," says Emma Patterson, whose law firm took up Mr Barreto's case.

"We've been arguing that unless police can prove beyond reasonable doubt that what someone was doing was actually communicating, it wasn't an offence to be using a smartphone."

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8 comments

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cant do wheelies | 5 years ago
1 like

Agree touch screens should be banned because of the amount of attention required. The law does seem odd. Although sat-navs are so helpful, the number of times I have seen a car (usually an Uber) swerve from the middle lane of a three lane road onto a slip road, way beyond the point they should have done, makes me wonder if they contribute to a lot of accidents.

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Ratfink replied to cant do wheelies | 5 years ago
1 like

cant do wheelies wrote:

Agree touch screens should be banned because of the amount of attention required. The law does seem odd. Although sat-navs are so helpful, the number of times I have seen a car (usually an Uber) swerve from the middle lane of a three lane road onto a slip road, way beyond the point they should have done, makes me wonder if they contribute to a lot of accidents.

 

On the M25 a few weeks back i noticed that as google maps said "speed camera ahead" all the cars in front of me braked for no reason.

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bobbypuk | 5 years ago
1 like

I've wondered this about touchscreens in cars. Manufacturers are moving more stuff onto the big impressive touch screen. The problem with touch is that you have to look at it. So changing radio stations needs you to look, rather than reaching instinctively for a control you can feel and know the exact location of. Why are drivers allowed to do this? Why not disable touch screens whilst the vehicle is in motion?

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Boatsie | 5 years ago
2 likes

We use a law that enforces distractions of a driver. Simply holding a mobile phone is determined as a distraction because the drivers focus of concentration is not 100% upon his/her duty to guide a motor vehicle.

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ktache | 5 years ago
1 like

That does make perfect sense, but that's not the law, that's a interpretation and simplification of the law, nice and easy to understand, the actual law, as passed by parliment will be ridiculously complex, that in reality only judges, barristers and soliciters have any real chance of understanding.  Many pages, hundreds of paragraphs and very technical, in a legal way.  My take on it anyway.

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Awavey | 5 years ago
1 like

I do not understand how this https://www.gov.uk/using-mobile-phones-when-driving-the-law which states "It’s illegal to hold a phone or sat nav while driving... " can possibly be misinterpreted as anything like ah yeah but you must show you are communicating with it for it to count,seriously wtf how has this very clear intention of law thats been passed by parliament, been misappropriated so badly ?

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leqin | 5 years ago
0 likes

suppose we just watch whats happening on the other side of the one screen that matters in a vehicle and thats the windscreen.

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kil0ran | 5 years ago
2 likes

Interesting. The law in this area is cobbled together and I think they're right, it's time for it be simplified and updated. For example, you're not allowed to watch telly whilst driving (but passengers can) but you're allowed to pay attention to the huge screens that pass as dashboards on modern cars.

Likewise, you're allowed to take a hand off the steering wheel to change gear or operate controls/switches, but not hold a phone to your ear. Doesn't make a whole load of sense.

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