What is the law re: driving with foot in plaster?

What is the law re: driving with foot in plaster?

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Discussion

^Slider^

2,874 posts

248 months

Tuesday 24th November 2009
quotequote all
oldsoak said:
^Slider^ said:
Only thing i can think of is this:

S.41D RTA 1988:
No person shall drive, or cause or permit any other person to drive, a motorised vehicle on a road if he is in such a position that he cannot have proper control of the vehicle or have a full view of the road and traffic ahead.

It seems very vague, and i presume it could be argued that should you need to apply emergency brakes could you do so as swiftly as if your leg was not in a cast?

If you were to be stopped then its an endorsable 3 points offence at the roadside if the officer deems that you are not in proper control.

If a court appearance was to be considered then if a doctor was to be called and state that they would not advise driving then i would say that you would be convicted.

But it is vague so could go either way.
Isn't that pertaining to mobile phone use and maintaining the view ahead a-la Construction and Use Regs??

Edited by oldsoak on Tuesday 24th November 13:24
It was used for mobile phones, but the offence is still there for proper control, just mobiles now have their own legislation.

KaraK

13,175 posts

208 months

Tuesday 24th November 2009
quotequote all
Similiar sort of scenario - when I broke my right collarbone a few years back I was obviously not in a position to drive for quite some time, I'd had the sling (mostly)off for a few weeks and went for an x-ray/check up with the consultant and I asked him if I could drive. His response was no on the basis that he felt the pressure from the seatbelt would re-break the bone should I have an accident.

Given I felt fine and that I wasn't worried about what might happen if I had a crash I gave the police a call to clarify the legal situation. They said that although that risk itself wouldn't be something they would consider a problem to me driving I couldn't drive as I had been "medically advised not to". so it would appear that a doc's advise on this can have a legal impact? Not sure how this relates to the legislation our friendly BiB have posted?

^Slider^

2,874 posts

248 months

Tuesday 24th November 2009
quotequote all
blindswelledrat said:
Ok-to be more specific, provided that you had no reason to believe my driving was affected by my leg, would you ever try to make it an issue?
Would this apply to most traffic officers?

Secondly-could the fact that this may affect my insurance mean I could get done for driving without valid inurance?
Provided that it wasnt aggrivated, so as i said, high speed excess. If it was a high speed excess then it could be considered. Reason being if well over the 30mph limit in a residential area during the day, id have to consider that given the high speed in that area could your leg in plaster affect your ability to stop quickly and safely. If i thought that it would affect then id send to court for both offences and let the mags decide.

If however your speed was in excess but not dramtically so and given the speed i felt the lag would make no difference then id advise regarding the leg.

If there was nothing wrong with the driving, id advise regarding the leg.

I cant say for other officers, i would like to think that common sense does apply to the majority of us, but i also know that we differ in the way we deal with some offences, so its down to the officer on the day.

With insurance, i dont see how thats affected. Except that your insurer may argue that because of the leg your contribution to the crash is greater and thus wont pay out for you but will pay out third party.

Check your policy, they may have a section that means you have to tell them about it to asess the risk.

But they will still pay out third party so you still have insurance, they may however void your policy after a crash and not pay out for your losses.

Bill

52,407 posts

254 months

Tuesday 24th November 2009
quotequote all
blindswelledrat said:
Secondly-could the fact that this may affect my insurance mean I could get done for driving without valid inurance?
If your insurers are happy, then get it in writing and carry the letter with you.

^Slider^

2,874 posts

248 months

Tuesday 24th November 2009
quotequote all
KaraK said:
Similiar sort of scenario - when I broke my right collarbone a few years back I was obviously not in a position to drive for quite some time, I'd had the sling (mostly)off for a few weeks and went for an x-ray/check up with the consultant and I asked him if I could drive. His response was no on the basis that he felt the pressure from the seatbelt would re-break the bone should I have an accident.

Given I felt fine and that I wasn't worried about what might happen if I had a crash I gave the police a call to clarify the legal situation. They said that although that risk itself wouldn't be something they would consider a problem to me driving I couldn't drive as I had been "medically advised not to". so it would appear that a doc's advise on this can have a legal impact? Not sure how this relates to the legislation our friendly BiB have posted?
If a doctor has advised not to drive, and provides an account as such to that effect to the police and courts then it could be used, especially if they say "we advised him not to drive as it could be dangerous or he couldnt control the vehicle properly"

Its all about the curcumstances as to how its dealt with at the roadside.

oldsoak

5,618 posts

201 months

Tuesday 24th November 2009
quotequote all
^Slider^ said:
oldsoak said:
^Slider^ said:
Only thing i can think of is this:

S.41D RTA 1988:
No person shall drive, or cause or permit any other person to drive, a motorised vehicle on a road if he is in such a position that he cannot have proper control of the vehicle or have a full view of the road and traffic ahead.

It seems very vague, and i presume it could be argued that should you need to apply emergency brakes could you do so as swiftly as if your leg was not in a cast?

If you were to be stopped then its an endorsable 3 points offence at the roadside if the officer deems that you are not in proper control.

If a court appearance was to be considered then if a doctor was to be called and state that they would not advise driving then i would say that you would be convicted.

But it is vague so could go either way.
Isn't that pertaining to mobile phone use and maintaining the view ahead a-la Construction and Use Regs??

Edited by oldsoak on Tuesday 24th November 13:24
It was used for mobile phones, but the offence is still there for proper control, just mobiles now have their own legislation.
Thanks for clearing that up for me beer

Dwight VanDriver

6,583 posts

243 months

Tuesday 24th November 2009
quotequote all
As stated by others there is NO SPECIFIC OFFENCE of driving with a leg in plaster.

If one in such a position does so then I would say the wheel comes off when something untowards happens. Bit like driving without Insurance. When it does an enquiry/investigation may take place on the fitness of the driver and whether that found fits in with an offence elsewhere. Obviously a Medical opinion would be sought as to how mobility has been affected coupled with personal observations of the driver.

Coming to the offences. If Doctor says injury more than 3 months to recover then consider offence of failing to notify DVLA of a disability.

Plus

Not in a position to have proper control would also be considered bearing in mind it has been used, not only for mobile phones but for eating apples/sandwidges at the wheel whilst driving.

Plus

But if it can be shown that the driver was aware of his impediment and blatantly obvious to safe driving, ignores this and goes ahead, we move to realms of careless driving (remember the definition - would a prudent driver do this) and even dangerous driving.

All in all it will depend on all THE EVIDENCE that comes to light and whether CPS would wear it.

Previous comments regarding Insurance still stands.

dvd

Edited by Dwight VanDriver on Tuesday 24th November 15:17

blindswelledrat

Original Poster:

25,257 posts

231 months

Wednesday 25th November 2009
quotequote all
Bill said:
blindswelledrat said:
Secondly-could the fact that this may affect my insurance mean I could get done for driving without valid inurance?
If your insurers are happy, then get it in writing and carry the letter with you.
THere is no way they will be, and hence I wont ask them.
As someone else has stated earlier in this thread:
1)Insurers will only be happy if the doctors are happy
2)A doctor would never purport to be the judge of someones driving
As a result, there is no way Id get anyone to agree that I was fine to drive.
THus if I am going to drive it would be best never to ask because at least I havent be told 'no'

blindswelledrat

Original Poster:

25,257 posts

231 months

Wednesday 25th November 2009
quotequote all
^Slider^ said:
THings..
Thanks for the input.
Im clearer now for that.

Bill

52,407 posts

254 months

Wednesday 25th November 2009
quotequote all
blindswelledrat said:
THere is no way they will be, and hence I wont ask them.
As someone else has stated earlier in this thread:
1)Insurers will only be happy if the doctors are happy
2)A doctor would never purport to be the judge of someones driving
As a result, there is no way Id get anyone to agree that I was fine to drive.
THus if I am going to drive it would be best never to ask because at least I havent be told 'no'
I approached it almost as a hypothetical question, the docs (I've done this 3 times now, although never for my right foot) agreed that there was no medical reason for me not to drive. So I could tell the insurers that the doc was happy.

There's no way a doctor is qualified to judge a fit person's ability to drive, so why should they be asked to make that judgement about someone who's injured? However, they are qualified to say if someone is medically fit.

The actual ability to drive bit comes down to you (just as it would if you were tired or ill) to make a judgement. A letter from theinsurers won't make you immune from prosecution but if you are stopped it should smooth the way, assuming you've not cocked up monumentally.

blindswelledrat

Original Poster:

25,257 posts

231 months

Wednesday 25th November 2009
quotequote all
AH, good post Bill.
Hadn't thought of it that way.
Ill try it, although I have a feeling the Consultant wont say im medically fit to drive either
I might even listen if he does!

KaraK

13,175 posts

208 months

Wednesday 25th November 2009
quotequote all
^Slider^ said:
KaraK said:
Similiar sort of scenario - when I broke my right collarbone a few years back I was obviously not in a position to drive for quite some time, I'd had the sling (mostly)off for a few weeks and went for an x-ray/check up with the consultant and I asked him if I could drive. His response was no on the basis that he felt the pressure from the seatbelt would re-break the bone should I have an accident.

Given I felt fine and that I wasn't worried about what might happen if I had a crash I gave the police a call to clarify the legal situation. They said that although that risk itself wouldn't be something they would consider a problem to me driving I couldn't drive as I had been "medically advised not to". so it would appear that a doc's advise on this can have a legal impact? Not sure how this relates to the legislation our friendly BiB have posted?
If a doctor has advised not to drive, and provides an account as such to that effect to the police and courts then it could be used, especially if they say "we advised him not to drive as it could be dangerous or he couldnt control the vehicle properly"

Its all about the curcumstances as to how its dealt with at the roadside.
Cheers Slider, that was pretty much what I thought so I just served my time, what had suprised me was that it wasn't a control issue just one of potential injury to myself should I crash. Still I wasn't taking any chances!

Bill

52,407 posts

254 months

Wednesday 25th November 2009
quotequote all
blindswelledrat said:
Ill try it, although I have a feeling the Consultant wont say im medically fit to drive either
I might even listen if he does!
There may be a reason doesn't want you putting weight on itthumbup

snake_oil

2,039 posts

74 months

Thursday 14th February 2019
quotequote all
Holy necrothread batman!

So I've come a cropper and broken my right tib and fib. I'm non weight bearing. I have an automatic car and have driven left footed before (long ago) just to see how it feels. The hardest bit is braking and not initially judging the sensitivity right!

Anyhoo. Can I legally drive an auto left footed?

Earthdweller

13,326 posts

125 months

Thursday 14th February 2019
quotequote all
snake_oil said:
Holy necrothread batman!

So I've come a cropper and broken my right tib and fib. I'm non weight bearing. I have an automatic car and have driven left footed before (long ago) just to see how it feels. The hardest bit is braking and not initially judging the sensitivity right!

Anyhoo. Can I legally drive an auto left footed?
The bottom line is “ are you in proper control of the vehicle”

If you think you are .. then fine, but you might have to persuade a cop or a court ?

Mark8303

47 posts

95 months

Saturday 16th February 2019
quotequote all
Off topic slightly but this reminded me of a time when a local trials rider broke his leg. It was in the 60’s so things were less p.c. He couldn’t stay off the bike so he had his (full leg) cast modified to include a hook at the strategic point so that he could still change gear. It was quite a sight as he cruised through the village on his Bultaco Sherpa with one straight leg ‘hooking’ through the gears.

sleepezy

1,773 posts

233 months

Sunday 17th February 2019
quotequote all
I had my foot in a cast for much of last year. I never even considered driving but did ask my brother in law on the legalities, just out of curiosity. He is a serving traffic officer.

Response was that, although there's nothing in law saying you have use your right foot, I would have a very hard time convincing him I was in proper control (as above).

I've been driving automatics for years and have been braking with my left foot for much of that time. Still wouldn't have considered driving.

tighnamara

2,186 posts

152 months

Monday 18th February 2019
quotequote all
blindswelledrat said:
THere is no way they will be, and hence I wont ask them.
As someone else has stated earlier in this thread:
1)Insurers will only be happy if the doctors are happy
2)A doctor would never purport to be the judge of someones driving
As a result, there is no way Id get anyone to agree that I was fine to drive.
THus if I am going to drive it would be best never to ask because at least I havent be told 'no'
When I broke my ankle the doctor was happy for me to drive as long as I informed my insurance company.
Insurance company had no problem, so drove back and forth to work with the crutches in the back seat.
100 mile round trip, a couple of days a week, also broke up the monotony of sitting at home all week.
Granted it was the left leg and automatic car.

Leptons

5,108 posts

175 months

Monday 18th February 2019
quotequote all
snake_oil said:
Holy necrothread batman!

So I've come a cropper and broken my right tib and fib. I'm non weight bearing. I have an automatic car and have driven left footed before (long ago) just to see how it feels. The hardest bit is braking and not initially judging the sensitivity right!

Anyhoo. Can I legally drive an auto left footed?
Considering people who have no right leg or in fact, any legs at all drive cars, I can’t see why not?

To go one step further, can you drive a car on hand controls on a standard license or do you have to pass a specific test? Can you hire a car with hand controls?