Law on using camera/Gopro etc whilst driving?
Law on using camera/Gopro etc whilst driving?
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Discussion

DaveCWK

Original Poster:

2,274 posts

195 months

Ignoring any specifics about it being a camera phone & assuming it's just a gopro/camcorder type recording device, what's the law on using one of these as the driver, whist driving, in the UK?

You find endless footage on YouTube of people filming themselves whilst driving, filming the gauges when doing an 0-60, filming outside the windows at interesting things etc etc.
It's not always completely obvious that it's the driver doing it/holding the camera, but sometimes it is.

If it is not lawful, how self-incrementing must the footage be? Show clearly the driver is holding, it with their face etc in view?
I remember on top gear decade+ ago there was a segment in the news where Jeremy took a pic of a car he saw on the road and Hammond picked up ' looks like you sitting on the drivers lap' biggrin


paul_c123

1,591 posts

14 months

Too vague - do you have any examples?

Yellow Lizud

2,776 posts

185 months

I don't think there are any specifics (except phones) for using or doing all kinds of things whilst you're driving. However there are a lot of things that aren't specifically listed as illegal, but could be considered as driving without due care and attention.

Ask your self, is it safe?
If a police officer saw you doing it, could they consider it 'driving without due care and attention'?

My personal opinion would be no, and yes to the 2 questions.

Aretnap

1,921 posts

172 months

Yellow Lizud said:
I don't think there are any specifics (except phones) for using or doing all kinds of things whilst you're driving.
Doesn't have to be a "phone". If the device is capable of interactive communications (eg through Bluetooth) then it's covered by the same legislation as phones and is illegal to use in a handheld fashion while driving - whether or not you are actually using the interactive communication features at the time.

There's no specific law against using, say, an old fashioned camcorder with no interactive communication features, however driving while not in a position to have proper control or careless driving could still apply.

vikingaero

12,115 posts

190 months

Yesterday (10:17)
quotequote all
You get the good YouTubers like HubNut who always uses his phone mount or a window sucker to record content, and then you get Hoovies Garage who always handholds his and you see his struggle to drive at the same time.

I imagine if there is no specific law then DWDCAA or DD will cover it if there is a close shave or an actual accident.

M11rph

1,011 posts

42 months

Yesterday (11:48)
quotequote all
Fixing Dashcams/ Action Cams/Phones to the windscreen is also likely to fall foul of the "Construction and Use Regs". (Reg.30 iirc).

Some of the Professional YouTubers do seem to obscure a lot of their forward view with large sucker mounts and cameras on the screen and then there's the phone mount brigade too if anyone needs something else to worry about. boxedin

RSTurboPaul

12,673 posts

279 months

Yesterday (11:50)
quotequote all
M11rph said:
Fixing Dashcams/ Action Cams/Phones to the windscreen is also likely to fall foul of the "Construction and Use Regs". (Reg.30 iirc).

Some of the Professional YouTubers do seem to obscure a lot of their forward view with large sucker mounts and cameras on the screen and then there's the phone mount brigade too if anyone needs something else to worry about. boxedin
Is there a specific regulation you are thinking of? reg 30?

That would appear to refer to the windscreen itself:

reg 30 said:
E
VISION

View to the front

30.

(1) Every motor vehicle shall be so designed and constructed that the driver thereof while controlling the vehicle can at all times have a full view of the road and traffic ahead of the motor vehicle.

(2) Instead of complying with the requirement of paragraph (1) a vehicle may comply with Community Directive 77/649, 81/643 [F1, 88/366, 90/630] or, in the case of an agricultural motor vehicle, 79/1073.

(3) All glass or other transparent material fitted to a motor vehicle shall be maintained in such condition that it does not obscure the vision of the driver while the vehicle is being driven on a road.
Edited by RSTurboPaul on Monday 19th January 11:56

M11rph

1,011 posts

42 months

Yesterday (14:55)
quotequote all
The same regs covering the condition of your windscreen also includes attaching items to it.

[i] Regulation 30 of the Road Vehicles (Construction and Use) Regulations 1986 (SI 1986 No. 1078 as amended) requires that: ...

.... (3) All glass or other transparent material fitted to a motor vehicle shall be maintained in such condition that it does not obscure the vision of the driver while the vehicle is being driven on a road.

In practice, the annual test will check that items placed in or stuck to the windscreen or surface damage, cracks or discolouration in the windscreen do not seriously obscure the vision of the driver. In order to better define what maybe permissible the windscreen is divided into zones: edit...

...In Zone A, a single damaged area shall be contained within a 10mm diameter circle. A combination of minor damage areas shall not seriously restrict the drivers view. Windscreen stickers, or other obstructions, shall not encroach more than 10mm.

In Zone B, a single damaged area shall be contained within a 40mm diameter circle. Windscreen stickers, or other obstructions, shall not encroach more than 40mm...

Items placed in, or stuck to, the windscreen could be stickers, pennants, satellite navigation monitors or decorations [my bold]

Original vehicle design features and drivers aids, such as sun visors, are allowed.

Vehicles that do not comply with the above could be construed to be in contravention of the legislation". [/i]

https://www.gov.uk/government/publications/sticker...

RSTurboPaul

12,673 posts

279 months

Yesterday (17:43)
quotequote all
M11rph said:
The same regs covering the condition of your windscreen also includes attaching items to it.

[i] Regulation 30 of the Road Vehicles (Construction and Use) Regulations 1986 (SI 1986 No. 1078 as amended) requires that: ...

.... (3) All glass or other transparent material fitted to a motor vehicle shall be maintained in such condition that it does not obscure the vision of the driver while the vehicle is being driven on a road.

In practice, the annual test will check that items placed in or stuck to the windscreen or surface damage, cracks or discolouration in the windscreen do not seriously obscure the vision of the driver. In order to better define what maybe permissible the windscreen is divided into zones: edit...

...In Zone A, a single damaged area shall be contained within a 10mm diameter circle. A combination of minor damage areas shall not seriously restrict the drivers view. Windscreen stickers, or other obstructions, shall not encroach more than 10mm.

In Zone B, a single damaged area shall be contained within a 40mm diameter circle. Windscreen stickers, or other obstructions, shall not encroach more than 40mm...

Items placed in, or stuck to, the windscreen could be stickers, pennants, satellite navigation monitors or decorations [my bold]

Original vehicle design features and drivers aids, such as sun visors, are allowed.

Vehicles that do not comply with the above could be construed to be in contravention of the legislation". [/i]

https://www.gov.uk/government/publications/sticker...
Thank you for the link, I had been wondering about the Zone A requirements with regards to a separate matter so that is useful biggrin

The link text is only 'guidance' though - surely the legislation should refer specifically to stickers etc. and not just (appear to a pedant tongue out to) refer to the windscreen material itself?

M11rph

1,011 posts

42 months

Yesterday (18:28)
quotequote all
I've never met or known of anyone being pulled up solely for such an issue.

However, I don't read the above as only being in relation to the condition of the windscreen material, otherwise the latter reference to "Original vehicle design features, such as sun visors..." etc would be an unnecessary clarification?

Road Traffic Act 1991 Construction and use ~ Using a vehicle in a dangerous condition or Breach of other construction and use requirements probably has it covered?

I'm a fan of having all my windscreen view available, even my dashcam is hidden fully behind the rearview mirror, but have wondered if anyone has been pinched for such an infraction?

Not much different to "Portholing", not some sexual act! But driving whilst looking through a small defrosted area of 'screen.

Irrespective of legality things like this are just stupid...