The Government is to update the law on mobile phone use while driving to ‘reflect the real world’ after a loophole allowed drivers filming or taking photos to escape prosecution. The Department for Transport said the review would be carried out "urgently" with proposals in place by Spring 2020.
In July, Ramsey Barreto was acquitted of ‘driving a motor vehicle while using a hand-held mobile telephone’ after filiming the aftermath of a road traffic collision as he drove past.
The law refers to using, ‘a hand-held mobile telephone or other hand-held interactive communication device,’ and the judges in this case decided that the inclusion of the word ‘other’ worked to confine the meaning of ‘using’ to phones being used ‘for an interactive communication’ function.
Barreto successfully argued that he wasn't using his phone to communicate.
Speaking at the time, Emma Patterson, whose law firm took up his case, said: "We think the law will change very quickly. In the meantime it's very likely that police officers that pull you over for fiddling with mobiles are more likely to charge you for driving without due care.”
In a response to a House of Commons Transport Select Committee report, published today, the DfT said: “Both the police and the Crown Prosecution Service (CPS) have voiced concerns about the enforcement difficulties they face in having to establish not just that a mobile phone was being used, but whether that use involved “interactive communication” rather than a standalone function.
“This is an unrealistic and burdensome task for them in all but the most obvious cases and makes the offence extremely difficult to prosecute.”
The hand-held mobile phone offence will therefore be reviewed, with the DfT adding: “Our objective would be to ensure that the offence of using a hand-held mobile phone while driving reflects the real world where smart phones or devices are used not only for calls and texting (interactive communication) but also for scrolling play lists, photos, or drafting emails (standalone functions).”
The Commons’ Transport Select Committee had also recommended a ban on hands-free use, but the government said there are no plans to introduce such a measure, citing difficulties in enforcement as part of its reasoning.
The Government added that it intends to tackle the issue of distraction from mobile phones while driving as part of an upcoming THINK! campaign.
Duncan Dollimore Cycling UK’s head of campaigns welcomed the news but said roads policing also needed to be prioritised.
“Educational campaigns and increased penalties are part of the answer, but there also needs to be a credible fear of enforcement. But there just aren’t enough road traffic police officers.
“The stark reality is that we need more cops in cars to deal with dangerous behaviour on our roads, including mobile phone use whilst driving.
“The Government has an opportunity to fix this through the review of roads policing and traffic enforcement which was promised in July. To ensure that there’s a visible police presence on our roads, that review needs to ensure that roads policing is prioritised by national government and included in the Strategic Policing Requirement in England and Wales, so roads policing isn’t seen as a Cinderella service.”
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Here is a TRL and IAM from 2011 -
Smartphone use while driving: A simulator study
https://trl.co.uk/sites/default/files/PPR592_secure.pdf
and here is a PLOS One from 2016 - Staying Connected on the Road: A Comparison of Different Types of Smart Phone Use in a Driving Simulator
https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0148555
I may give them a peruse in the next week.
Driver simulations may be quite false reality wise, but allows better monitoring and testing.
Questionairs involve self reporting (lies) and crash statistics (even more lying because people are in trouble, and evidence is often difficult to come by, digital forensics are costly and I'm guessing only used in killer driving cases, and seeing how many people are being killed on our roads, not all of them)
Thank you OldRidgeback, I had always wondered how dangerous the groin staring motorists really were, 23 times, it's good to know that someone has done some research and numbers had been assigned.
The laws in NSW were amended to allow any “traffic enforcement device” to be used for mobile phone detection, so even before bringing in specific camera technology they have the legal powers to use any traffic camera for that purpose. Red light cameras, speed cameras, T way cameras, point to point cameras, even tollway cameras could all be used if desired. Eventually I would expect many to be upgraded to cater for it as they simply photograph every vehicle as it passes the camera, and image processing is used to identify phone users. I’d expect these images are to be flagged and passed onto a person to verify, as is the case for all red light camera offences.
More ominously, the laws reverse the onus of proof - if you’re issued a fine for phone use it’s up to you to prove you weren’t.
As I understand it Sriracha, the French have banned hands free calls, pretty much unenforceable, but it does send a message. But, it will be checked if there is a serious crash, especially a death.
That's where it matters.
It matters when the damage is done and it's already too late?
Is the evidence water-tight that hands free calls are more distracting than say having a conversation with a passenger in the car?
I've had maybe a dozen 'hands free' calls ever, pressing a button (before voice command) was like pressing the button on the radio for me, not having to look just knowing where it is and not looking at the phone mid conversation.
My calls were never extended (all on the motorway bar maybe a couple) and I guess my thinking/hazard perception/anticipation is much different to most other drivers, but driving around in built up areas I'd really not want to take a call even hands free for very long and certainly not one that involves having to really think too much as there's too much of a distraction to what you need to be focusing on.
I once drove through North London to a meeting in Peterborough, told the other managers I was giving a lift to not to talk at all (not just to me) whilst I got to Apex corner as I wanted to focus on getting through the traffic as quick as possible and with no mishaps. I did the drive along that road for best part of a decade and knew it extremely well but was conscious of the fact people idly chatting was doing my head in whilst trying to concentrate. Needless to say they all got the train back or got lifts back from others hahahahahaha.
The sooner things are tightened up and driving distracted with a phone/media device is treated like drink driving the better, given we know that distracted driving has same impact on human lives not to mention the financial costs from that I don't see why it shouldn't be treated in precisely the same way.
The way you hedge about with caveats the accounts of those few handsfree calls that you have taken, I think it's clear you know the answer to your own question.
Watching the BBC video I linked to above, I was struck by how many things they said rang true, especially the things about how a distant party does not modulate their conversation in sympathy to the road conditions. You get the same effect with kids in the car, asking you awkward questions just as you come to a busy intersection. Adult passengers don't do that, but phone callers can't help it.
Also the bit about how some of us tend to visualise during a conversation, and again, if it is a caller asking you where did you hide the back door key etc, they don't ask at the right moment!
The government are clearly saying there's nothing to consider hence why I asked if the evidence was water tight, how can they not consider it if the evidence is there, mind boggling!
My own personal experience says that in some circumstances and if not extended it could be okay but that's not enough for me to say it's okay for the majority of people in the majority of circumstances so given how distracted driving has done so much damage then a ban would be appropriate but as per handling the phone it's about enforcement being the limiting factor.
I rarely drive (SORN'd car 2 years ago) with only a 2 hour multi stop/drop for work once a week, we don't have hands free but we can be summerily dismissed if found using the phone whilst driving and the journeys are tracked so the calls can be checked against when the vehicle is moving.
I think a solution could be that a phone could deliver a simple message like 'there's an incoming call from xxxxx, if you wish to connect the call you must pull over and stop the vehicle' I don't think it's beyond the tech to have that built into every phone set up for hands free or vehicles that have a built in phone system.
Media devices like the big arse screens in most EVs now are just ludicrous, that has to be the next focus as people are simply touching/watching stuff all the time and manufacturers are being allowed to install this carp without any regulation/worry about the consequences.
The last 15 years I've been turning the radio off a lot when driving, even for journeys that were relatively simple like going up the A1 at 60 with very light traffic, no ped/cycle/equine interaction to consider, there's still a lot you should be doing and thinking about even for drives like that that you don't need 'entertaining' or a conversation to stop you from being bored.
Maybe they'll ban music in motorvehicles in the future given the headphone bans for cyclists that are creeping in, that would be very interesting how they explain that one isn't having a detrimental affect on harm and the other is.
The Transport Research Laboratory (TRL) has done a lot of research on the dangers of phone use at the wheel by drivers. The TRL is respected internationally as a leading player in the field incidentally. You asked about the difference between talking on the phone and to passengers, well there is a difference as highlighted by an in-depth study by the TRL. You can find a brief description of the report on the TRL's website, though I think you have to pay if you want the whole study.
Basically, what the report says is that when a driver is speaking with a passenger and requires mental processing to deal with a driving situation (overtaking, changing lanes, slowing down for a junction or whatever) the driver prioritises the driving function. Generally the driver will pause the conversation while thinking about how to deal with the driving task in hand.
However the TRL's research shows very conclusively that the flipside is true if a driver is useing a hands-free phone kit. In effect, if the person behind the wheel has to choose between a driving task and continuing the conversation, they tend to prioritise the conversation.
That's why hands-free kits are dangerous in short. Using a phone at the wheel (where hands free or not) increases the risk of a crash by a factor of four. Using a phone to access the internet or text or whatever increases the risk of a crash by a factor of 23. This also comes from TRL research.
You don't need to believe me. Look it up.
That fits what one would intuitively suspect, just from imagining oneself in that position. But I can't quite think _why_ it works out like that. Something to do with knowing that if your conversational partner is right there and isn't going anywhere and can be assumed to be entirely aware of why you've stopped speaking, I guess.
A phone conversation feels much more tenuous with a much weaker sense of connection to the other party, so perhaps psychologically you unconciously fear that if you don't hang on to them with your full attention they might go away?
not sure why you thought you needed to end your comment in that way toward me when I merely asked the question and am obviously fully supportive of removing distracted driving from the landscape. However than you for the information.
The law should be changed to ban all mobile phone users caught behind the wheel. Ten points, six month fine and £1000 fine. people will soon learn, especially if their privilege to hold a driving license is taken away from them.
https://www.bbc.co.uk/news/av/embed/p07md8y6/50250730
As the video demonstrates and common experience confirms, the "handheld" thing is largely a red herring so far as phone calls go.
They say enforcement is an obstacle to banning handsfree mobile conversations. So how about making it an automatic aggravating factor to be reflected in sentencing? Say, double the ordinary penalty? Simple phone record check - to be carried out after initial sentence is handed down.
But the user is in any case engaged in an act of interactive communication using a handheld device, the only difference is that instead of being the medium of exchange to another party, the device itself is the other party. There is two way communication user-to-device via the UI.
Since these lawyers are splitting hairs anyway, why not nail the perps on that?
Yet another knee jerk reaction to an isolated problem when what is needed is a complete, thorough review of road law. Like the one they announced in 2014.
They're still working on it - they're just getting rid of all the dither and delay first.
Daily Mail is talking about smart camera technology being used for improved enforcement of the new rules. Not sure I believe that ....
I think what'll happen is even if there is improved enforcement people will just use a cheap cradle off Eway and be off texting using that - which would be very difficult to prosecute with the new arrangements. Even without phones there are so many flippin' distractions in modern cars it has to be adversely affecting safety. Ban drinks holders!
Should be illegal for those Costa/Starbucks drive-thrus to serve drivers without passengers. Amazed by the risk assessment on those. Big business wins over safety yet again. Completely goes against the message about taking a break, tiredness kills.
I recently had a conversation with a retired traffic officer who told me that the technology to record mobile phone users with speed cameras exists, it is being tested currently.
I'm curious as to how that's going to work. Up here I see plenty of drivers who have already shifted to holding the phone with their arm down, placed between the legs, so it can't be seen unless you're looking into the vehicle. Not to mention that the minute this becomes common knowledge, drivers are just going to rely on camera knowledge and warning software to avoid getting caught.
pretty sure the cameras that New South Wales (Aus') police trialled and are now installing detected the "groin stare" drivers
"Mobile phone detection cameras to be rolled out across NSW roads by December"
"The mobile phone detection cameras were trialled at two permanent spots for six months.
.....The Government said 8.5 million cars were checked during the trial period and more than 100,000 drivers were found to be using their phones illegally"
https://www.abc.net.au/news/2019-09-22/mobile-phone-detection-cameras-ro...
can't find article that describes how the technology was developed but believe it is sophisticated and AI based and not just single image.
Now all we need is some even slightly effective enforcement.
This is a civilised country - people are adults and will respect that using a phone whilst driving is dangerous.
I think the point is that the using mobile phone offence can be dealt with at the roadside, whereas careless driving requires a court appearance. So it gives police the option depending on the circumstances of the offence.
It's just without due care and attention. Or is this like dangerous driving where it's often too difficult to prove ? Hence the alternate offence ?