RE: Hand-held device law tightened for 2022

RE: Hand-held device law tightened for 2022

Author
Discussion

Pothole

34,367 posts

296 months

Monday 22nd November 2021
quotequote all
Dingu said:
NMNeil said:
Dingu said:
NMNeil said:
So the idea is that if the government bans or restricts the use of phones, it will enable drivers to fully concentrate on the job at hand.
Bit of hypocrisy there.
Are they controlling a car using their phone like the James Bond BMW then?
If not, what are they doing?, certainly not paying attention to the speaker.
Causing a safety issue is it? If not I’m not sure of the relevance.
There is no relevance, just whaaa whaaa whataboutery.

DonkeyApple

62,109 posts

183 months

Monday 22nd November 2021
quotequote all
Dingu said:
NMNeil said:
So the idea is that if the government bans or restricts the use of phones, it will enable drivers to fully concentrate on the job at hand.
Bit of hypocrisy there.
Are they controlling a car using their phone like the James Bond BMW then?
Yup. They're the team behind Tesla's autonomous tech. It's why the cars keep crashing into the owners' garages. Seems one of the more popular second jobs?

Vipers

33,251 posts

242 months

Monday 22nd November 2021
quotequote all
DonkeyApple said:
Dingu said:
NMNeil said:
So the idea is that if the government bans or restricts the use of phones, it will enable drivers to fully concentrate on the job at hand.
Bit of hypocrisy there.
Are they controlling a car using their phone like the James Bond BMW then?
Yup. They're the team behind Tesla's autonomous tech. It's why the cars keep crashing into the owners' garages. Seems one of the more popular second jobs?
Can’t fiddle about and pay attention, mind you most of them are good at fiddling expenses etc laugh

ddom

6,657 posts

62 months

Monday 22nd November 2021
quotequote all
vonhosen said:
The point with having specific offences for certain behaviours is it gives less wiggle room for people to try & argue their way out of it (by making it black/white rather than grey). If they don't have a specific offence they have to go for careless or not in proper control, but where they identify problematic behaviours it's administratively easier to make them a specific offence.

Edited by vonhosen on Monday 22 November 17:49
So we can expect ‘not properly in control due to flapjack consumption’?

Dingu

4,885 posts

44 months

Monday 22nd November 2021
quotequote all
ddom said:
So we can expect ‘not properly in control due to flapjack consumption’?
Have you considered getting a proper hobby rather than trolling on here?

vonhosen

40,593 posts

231 months

Monday 22nd November 2021
quotequote all
ddom said:
vonhosen said:
The point with having specific offences for certain behaviours is it gives less wiggle room for people to try & argue their way out of it (by making it black/white rather than grey). If they don't have a specific offence they have to go for careless or not in proper control, but where they identify problematic behaviours it's administratively easier to make them a specific offence.

Edited by vonhosen on Monday 22 November 17:49
So we can expect ‘not properly in control due to flapjack consumption’?
You can expect whatever you like, personally I don't worry about people being reported for it or careless driving (or mobile phone offences, speeding, drink drive, or no seatbelt either, come to that). smile

otolith

61,233 posts

218 months

Monday 22nd November 2021
quotequote all
vonhosen said:
The point with having specific offences for certain behaviours is it gives less wiggle room for people to try & argue their way out of it (by making it black/white rather than grey). If they don't have a specific offence they have to go for careless or not in proper control, but where they identify problematic behaviours it's administratively easier to make them a specific offence.

Edited by vonhosen on Monday 22 November 17:49
Yep. A very long established principle that it’s much easier to convict for something objectively measurable which might sometimes be dangerous than to actually catch people driving dangerously. The next step is to focus enforcement on those situations where people might think it reasonable to do the thing rather than on where it is most dangerous.










vonhosen

40,593 posts

231 months

Monday 22nd November 2021
quotequote all
otolith said:
vonhosen said:
The point with having specific offences for certain behaviours is it gives less wiggle room for people to try & argue their way out of it (by making it black/white rather than grey). If they don't have a specific offence they have to go for careless or not in proper control, but where they identify problematic behaviours it's administratively easier to make them a specific offence.
Yep. A very long established principle that it’s much easier to convict for something objectively measurable which might sometimes be dangerous than to actually catch people driving dangerously. The next step is to focus enforcement on those situations where people might think it reasonable to do the thing rather than on where it is most dangerous.
I'm not going to fight for the right for people to do the things I listed.









humphra

545 posts

106 months

Monday 22nd November 2021
quotequote all
vonhosen said:
The point with having specific offences for certain behaviours is it gives less wiggle room for people to try & argue their way out of it (by making it black/white rather than grey). If they don't have a specific offence they have to go for careless or not in proper control, but where they identify problematic behaviours it's administratively easier to make them a specific offence.

Edited by vonhosen on Monday 22 November 17:49
But the problem with being too specific is you need more laws to cover all the scenarios. The problem here isn't the mobile phone, it's being distracted. The mobile phone just provides the means to be distracted.
Eating a wrap while driving becomes a distraction if some sauce drops in the drivers lap, but a bag of crisps doesn't have the same problem. So do we need a law against eating foods with sauces?
Or smoking? Maybe vaping is OK, but cigarette smoking needs a law against it while driving in case the lit cigarette drops in the car?
This is the problem with trying to be to prescriptive with laws.....

otolith

61,233 posts

218 months

Monday 22nd November 2021
quotequote all
vonhosen said:
otolith said:
vonhosen said:
The point with having specific offences for certain behaviours is it gives less wiggle room for people to try & argue their way out of it (by making it black/white rather than grey). If they don't have a specific offence they have to go for careless or not in proper control, but where they identify problematic behaviours it's administratively easier to make them a specific offence.
Yep. A very long established principle that it’s much easier to convict for something objectively measurable which might sometimes be dangerous than to actually catch people driving dangerously. The next step is to focus enforcement on those situations where people might think it reasonable to do the thing rather than on where it is most dangerous.
I'm not going to fight for the right for people to do the things I listed.
No, nor I. But I bet that more people are ticketed for this in the situations in which it is least dangerous.

vonhosen

40,593 posts

231 months

Monday 22nd November 2021
quotequote all
otolith said:
vonhosen said:
otolith said:
vonhosen said:
The point with having specific offences for certain behaviours is it gives less wiggle room for people to try & argue their way out of it (by making it black/white rather than grey). If they don't have a specific offence they have to go for careless or not in proper control, but where they identify problematic behaviours it's administratively easier to make them a specific offence.
Yep. A very long established principle that it’s much easier to convict for something objectively measurable which might sometimes be dangerous than to actually catch people driving dangerously. The next step is to focus enforcement on those situations where people might think it reasonable to do the thing rather than on where it is most dangerous.
I'm not going to fight for the right for people to do the things I listed.
No, nor I. But I bet that more people are ticketed for this in the situations in which it is least dangerous.
You're not suggesting though that they'll ignore the dangerous situations where detected & only prosecute in the non dangerous situations where detected, are you?
Because I can't see that happening.


I'm not going to worry about the non dangerous prosecutions for those offences listed though, provided they don't ignore the dangerous situation detections.
The whole idea of specific offences is you having the choice when & where to engage in the behaviour is taken away from you. It's forbidden full stop.

vonhosen

40,593 posts

231 months

Monday 22nd November 2021
quotequote all
humphra said:
vonhosen said:
The point with having specific offences for certain behaviours is it gives less wiggle room for people to try & argue their way out of it (by making it black/white rather than grey). If they don't have a specific offence they have to go for careless or not in proper control, but where they identify problematic behaviours it's administratively easier to make them a specific offence.
But the problem with being too specific is you need more laws to cover all the scenarios. The problem here isn't the mobile phone, it's being distracted. The mobile phone just provides the means to be distracted.
Eating a wrap while driving becomes a distraction if some sauce drops in the drivers lap, but a bag of crisps doesn't have the same problem. So do we need a law against eating foods with sauces?
Or smoking? Maybe vaping is OK, but cigarette smoking needs a law against it while driving in case the lit cigarette drops in the car?
This is the problem with trying to be to prescriptive with laws.....
I don't see the problem.
You start with careless only & we still have careless where there isn't a specific offence.
It's just that they've identified some specifics that they've decided to make it easier to prosecute than careless.
The fact they haven't made specific offences for everything doesn't mean that making specifics is a weakness.
If they identify other things that they want to make a specific because it increasingly becomes a problem (& to highlight the desirability of not engaging in it), then so be it.
They still have careless where there isn't a specific, so they're no worse off than where we started with careless only, only better off.

Pumps100

22 posts

48 months

Thursday 25th November 2021
quotequote all
What I don't understand is the phenomena of the frequency of the people you see going around roundabouts while holding a mobile. Maybe roundabouts are just more visible to spot people than T-junctions or crossroads. If PC Plod wanted to catch people just need to stand by any roundabout.

Me Alec

115 posts

66 months

Thursday 25th November 2021
quotequote all
I was pulled over by an officious PO. He had a young WPC with him and I suspect that he was attempting to impress her, rather than uphold the Law …….. argument with a wall is pointless so I answered his questions until he became a little silly ……..
The offence? My registration had one letter, one click out of place, to make it TOO 2 instead of TO 02. He proceeded to quote from the Highway Code. Then I reminded him that the number recognition system in his car and at the Dartford Crossing both recognised the number plate and the owner details.
I did think to remind him that owning pets in Council Houses was against their Terms and Conditions, but that was a ruling which was only enforced if people decided to keep pigs in their back garden ~ it was a ruling which was only enforced when there was a clear need.
My number plate, though wrong wasn't in any way capable of deceiving anyone …….. ok so the Law is the Law, but this self-indulgent PO stopped the main flow of traffic for some while, he pointed out what I already know and he failed to issue any official notice …….. what did he achieve? …. from here, sod-all.

Evanivitch

23,905 posts

136 months

Thursday 25th November 2021
quotequote all
Me Alec said:
I was pulled over by an officious PO. He had a young WPC with him and I suspect that he was attempting to impress her, rather than uphold the Law …….. argument with a wall is pointless so I answered his questions until he became a little silly ……..
The offence? My registration had one letter, one click out of place, to make it TOO 2 instead of TO 02. He proceeded to quote from the Highway Code. Then I reminded him that the number recognition system in his car and at the Dartford Crossing both recognised the number plate and the owner details.
I did think to remind him that owning pets in Council Houses was against their Terms and Conditions, but that was a ruling which was only enforced if people decided to keep pigs in their back garden ~ it was a ruling which was only enforced when there was a clear need.
My number plate, though wrong wasn't in any way capable of deceiving anyone …….. ok so the Law is the Law, but this self-indulgent PO stopped the main flow of traffic for some while, he pointed out what I already know and he failed to issue any official notice …….. what did he achieve? …. from here, sod-all.
He inconvenienced you. Which is sufficient enough for pratting around with number plate spacing.

Or perhaps it was a lesson for the junior PC in how to deal with arrogant members of the public? I imagine step 1 of the training objective is "find a member of the public that has willfully disregarded the rules on the basis that they do not apply to themselves".

pb8g09

2,797 posts

83 months

Thursday 25th November 2021
quotequote all
Me Alec said:
I was pulled over by an officious PO. He had a young WPC with him and I suspect that he was attempting to impress her, rather than uphold the Law …….. argument with a wall is pointless so I answered his questions until he became a little silly ……..
The offence? My registration had one letter, one click out of place, to make it TOO 2 instead of TO 02. He proceeded to quote from the Highway Code. Then I reminded him that the number recognition system in his car and at the Dartford Crossing both recognised the number plate and the owner details.
I did think to remind him that owning pets in Council Houses was against their Terms and Conditions, but that was a ruling which was only enforced if people decided to keep pigs in their back garden ~ it was a ruling which was only enforced when there was a clear need.
My number plate, though wrong wasn't in any way capable of deceiving anyone …….. ok so the Law is the Law, but this self-indulgent PO stopped the main flow of traffic for some while, he pointed out what I already know and he failed to issue any official notice …….. what did he achieve? …. from here, sod-all.
Why give them the excuse to pull you over? Just so you can have a number plate that spells out something ‘hilarious’?

E63eeeeee...

5,023 posts

63 months

Thursday 25th November 2021
quotequote all
Me Alec said:
I was pulled over by an officious PO. He had a young WPC with him and I suspect that he was attempting to impress her, rather than uphold the Law …….. argument with a wall is pointless so I answered his questions until he became a little silly ……..
The offence? My registration had one letter, one click out of place, to make it TOO 2 instead of TO 02. He proceeded to quote from the Highway Code. Then I reminded him that the number recognition system in his car and at the Dartford Crossing both recognised the number plate and the owner details.
I did think to remind him that owning pets in Council Houses was against their Terms and Conditions, but that was a ruling which was only enforced if people decided to keep pigs in their back garden ~ it was a ruling which was only enforced when there was a clear need.
My number plate, though wrong wasn't in any way capable of deceiving anyone …….. ok so the Law is the Law, but this self-indulgent PO stopped the main flow of traffic for some while, he pointed out what I already know and he failed to issue any official notice …….. what did he achieve? …. from here, sod-all.
Settling in for the impending PH Numberplate Spacing Zealots Massive vs the PH Over-bearing Officialdom Collective frothathon.

argue

Megaflow

10,354 posts

239 months

Thursday 25th November 2021
quotequote all
Evanivitch said:
Me Alec said:
I was pulled over by an officious PO. He had a young WPC with him and I suspect that he was attempting to impress her, rather than uphold the Law …….. argument with a wall is pointless so I answered his questions until he became a little silly ……..
The offence? My registration had one letter, one click out of place, to make it TOO 2 instead of TO 02. He proceeded to quote from the Highway Code. Then I reminded him that the number recognition system in his car and at the Dartford Crossing both recognised the number plate and the owner details.
I did think to remind him that owning pets in Council Houses was against their Terms and Conditions, but that was a ruling which was only enforced if people decided to keep pigs in their back garden ~ it was a ruling which was only enforced when there was a clear need.
My number plate, though wrong wasn't in any way capable of deceiving anyone …….. ok so the Law is the Law, but this self-indulgent PO stopped the main flow of traffic for some while, he pointed out what I already know and he failed to issue any official notice …….. what did he achieve? …. from here, sod-all.
He inconvenienced you. Which is sufficient enough for pratting around with number plate spacing.

Or perhaps it was a lesson for the junior PC in how to deal with arrogant members of the public? I imagine step 1 of the training objective is "find a member of the public that has willfully disregarded the rules on the basis that they do not apply to themselves".
I read the first line of it and was curious as to why the male Police Office was referred to as a PO, but the female as a WPC and was considering calling him out on it. I then rest of it, specifically where we got to the dodgy number plate and the first line suddenly became clear.

hehe

dodgydd

36 posts

105 months

Thursday 25th November 2021
quotequote all
I haven't read the entire thread, sorry.

A couple of posters questioned the enforceability of this law given there aren't enough police officers about. I reckon the majority of enforcement will come as a result of video evidence by members of the public (dash cam, motorcycle / pedal cycle helmet cams), the police make it very easy these days to report it. And now you won't need to prove the phone was being used as a communications device, so simply having footage of the driver handling the phone is going to result in points.
I've reported a few, depending on which police force you report to, you will either get some feedback on the action taken or none at all.

saaby93

32,038 posts

192 months

Thursday 25th November 2021
quotequote all
dodgydd said:
I haven't read the entire thread, sorry.

A couple of posters questioned the enforceability of this law given there aren't enough police officers about. I reckon the majority of enforcement will come as a result of video evidence by members of the public (dash cam, motorcycle / pedal cycle helmet cams), the police make it very easy these days to report it. And now you won't need to prove the phone was being used as a communications device, so simply having footage of the driver handling the phone is going to result in points.
I've reported a few, depending on which police force you report to, you will either get some feedback on the action taken or none at all.
As it says on the CPS site though, the purpose of this law was about improving road safety. So although the law is written in a way to have a broad reach it wouldnt be in the public interest to use it in instances where road safety benefit cant be demonstrated and it's taken to various levels of appeal and case law to confirm.