“In four years Mike van Erp has filmed 1,400 drivers using their phones, leading to 1,800 penalty points, £110,000 of fines — and him being assaulted by disgruntled motorists. Is he a road safety hero or just a darned nuisance? Nick Rufford joins him on patrol”
I’ve watched a few of his videos. I should be surprised that he catches so many drivers in their phones, but in and around London? Not surprised at all.
“However, although the House of Lords in Pinner v Everett held that a person might still be driving even when they turned off the engine and got out of the car it is unlikely, other than in exceptional circumstances, to be appropriate to use section 41D to prosecute any person who in these circumstances made a phone call or accessed the internet. See Public Interest.”
The scenario involved someone who was suspected of being drunk driving but only after they had got out the car to have a look at their licence plate in the presence of the police.
It’s legal precedent. The decisions made in that way become law, and that ruling has been used several times since, and it could be used again, to convict someone in the exact manner I described.
It’s just an example, anyways. The point of it was to make you think about how arbitrary enforcement of the law could be used to oppress an individual who had done nothing wrong.
I am far more interested in having you address my actual argument itself, as a whole. I’m very open to changing my perspective if you can explain why using a handheld phone while stuck in a traffic jam is more dangerous than using a phone handsfree while driving.
I think you got me confused with another commenter. Also I believe I’ve already answered your question (comment with RoSPA in it).
No, that’s not correct. It’s entirely about determining when you are, or not, driving. That’s why the course went to the House of Lords for a determination. This precedent establishes that “driving” can include when you’ve stopped and gotten out of the car, assuming that you intend to continue your journey.
See my previous comment: are you going to actually answer my question? Whether or not you think my statements are unreliable doesn’t matter.
You can answer that simple question without having to rely on anything I have stated.
