Reporting mobile use while driving

Discussion in 'Commuting' started by Twenty Inch, 4 Mar 2010.

  1. Bman

    Bman Veteran

    Location:
    Herts.
    I found this site recently that has the right idea:

    https://www.nextbase.com/en-gb/national-dash-cam-safety-portal/

    I want to start reporting again and am looking for the best channel to do it. My local bobbies don't subscribe to this particular website but have their own web form to use to report these incidents but they seem to require a driver description:

    https://www.herts.police.uk/Report/Report-Shared/Report-anti-social-driving-with-video-evidence

    My footage mostly consists of bad, or close overtakes and almost never captures a driver description.

    Or is the answer a rear camera?
     
  2. Arjimlad

    Arjimlad Tights of Cydonia

    Location:
    South Glos
    Reported from this evening.. drifting along next to the cycle paint, two fingers on the steering wheel, the phone receiving full attention. LL62 ZXF (2).jpg LL62 ZXF.jpg
     
    DCBassman likes this.
  3. Blue Hills

    Blue Hills ^

    Location:
    London
    Arjimlad likes this.
  4. glasgowcyclist

    glasgowcyclist Charming but somewhat feckless

    Location:
    Scotland
    Drago likes this.
  5. Good stuff IMO but other than the erratic driving how do you enforce it ?
     
  6. Scaleyback

    Scaleyback Well-Known Member

    Location:
    North Yorkshire
    I have a Nextbase dashcam and submitted a video of reckless driving to the
    portal you link to. Unfortunately, I had no confirmation of receipt and no feedback. This was many months ago now so who knows if I was wasting
    my time ?
    My county North Yorkshire invites video footage by vulnerable road users
    To Operation Spartan. https://northyorkshire.police.uk/do-it-online/road-policing/traffic-bureau/ This seems to have ‘teeth’ as I reported elsewhere
    here I submitted video evidence I caught whilst cycling and OpSpartan
    have notified me of ‘intention to prosecute’

    ‘Bman’ also says “ or is the answer a rear camera ‘

    I cycle thousands of miles a year on our largely rural North Yorkshire roads
    and I have front & rear cameras when cycling. As well as driving that imo needs
    Police involvement I have also sent video footage to a few firms/companies (identified by their vehicle livery and their number plates) who put me at risk for whatever reason. I do it respectfully and ask them to remind their drivers of the laws pertaining to driving around cyclists. I have received 100% support and assurance by all firms/companies contacted that they will undertake this.

    Some reading this may ‘typecast’ me as an old (I am 72) vengeful, embittered vigilante ? if so read on . . . I lost my son (at age 21) many years ago now in a RTA. He was a back seat passenger in a car that was hit head on by someone overtaking. I feel I owe it to every parent/partner/brother/sister out there to help make the roads a safer place in whatever small way I can. I have no wish for
    drivers to lose their licence and/or job but sadly if their employers or the law deems that is necessary then the roads will in some small way be a safer place.

    My apologies for this weighty ‘tome’

    Drive safely.
     
    C R, DCBassman, Arjimlad and 3 others like this.
  7. Drago

    Drago Flouncing Nobber

    I say stick it to them. It's entirely their decision to break the law, and if they don't like the licence losing jobless consequences then that's tough - they should have thought about that before driving like tools. The people they endanger often lose a lot more than mere jobs.

    So keep grassing them up, and keep publishing the results here so I can revel in the schadenfreude, cos it's no less than these eejuts deserve.
     
    Bianchi boy, C R, DCBassman and 3 others like this.
  8. Zanelad

    Zanelad Über Member

    Location:
    Aylesbury
    I agree, but then the courts let them off cos of the "hardship". See today's story about Steve Coogan amassing twelve points, for speeding I believe. He then pleads to the court about the problems he'll face making a bloody TV programme if he looses his licence. Should he not have though about that before speeding?

    He reels out crap about others being affected. Tough. Others are affected by our actions. It's a shame that we only consider them as a way of helping us to evade justice.

    fark 'em. If you can't do the time, don't do the crime.
     
    C R and Arjimlad like this.
  9. glasgowcyclist

    glasgowcyclist Charming but somewhat feckless

    Location:
    Scotland

    It's not much different from enforcing drink driving laws. You can't always tell that a driver is over the limit unless some aspect of his driving alerts your suspicion and you then do a breath test.
    I see this being enforced in a similar way: routine phone check for drivers after every collision. Erratic driving, where drink detected or not, routine phone check for driver.
     
    HLaB and Arjimlad like this.
  10. Arjimlad

    Arjimlad Tights of Cydonia

    Location:
    South Glos
    I was informed by the Police on making an enquiry, that

    "Although the footage shows a driver with a phone in their hand, this does not prove the offence, when considering bringing a charge against anyone, we have to ensure they can prove the offence. In the case of the mobile phone legislation, it states that not only do they have to be holding a hand held device but we must also prove that a telecommunication also occurred, such as a telephone call, text, using maps etc. If a telecommunication cannot be proved then the legislation signposts to other offences.

    As I am sure you can appreciate Dashcam footage can show a phone in someone’s hand but the majority of the time it does not show if a telecommunication has been committed, in these cases we will look to see if other offences can be brought and when the evidence is there we will continue with a prosecution for ‘Driving without Due Care and attention’, ‘not in proper control’ or ‘careless driving’ etc, which can have the same potential sanctions as the mobile phone offence.

    What I can assure you, is that we have prosecuted some drivers for ‘using a handheld mobile phone/device whilst driving’ when we have the evidence to support this. There has been a recent case heard in the High Court, that is now case law, which supports the Constabulary’s stance which you may be interested in reading DPP v Barreto
    ."

    Now, that case is interesting and I can see that the Police's approach is correct (albeit presuming that the driver will allege that no telecommunication was taking place).

    Therefore we must hope for a change in the legislation. I was told that if a helmet camera report of mobile phone use wasn't sufficiently clear to support prosecution under the mobile phone laws, and in the absence of other offences such as careless driving, the registered keeper is sent a warning/advisory letter.
     
    Scaleyback likes this.
  11. Scaleyback

    Scaleyback Well-Known Member

    Location:
    North Yorkshire
    Really, really ! I am not doubting you Arjimlad but is this really :blush: an official police stance ? So how do they prove (or maybe they cannot be bothered) that a “telecommunication also occurred” I suppose if they have the Reg plate and can ascertain who was driving then they can check their mobile phone usage ?
    If they have their phone in hand and are looking at it, would they be looking at a blank screen ? If so then legislate a new offence, idiot in charge of a motor vehicle.
     
    Last edited: 14 Aug 2019
    Bianchi boy and Arjimlad like this.
  12. benb

    benb Evidence based cyclist

    Location:
    Epsom
    FFS. I'm pretty sure he could afford to hire a driver. I like Coogan and think he's very funny, but that's taking the piss.
     
    C R, Arjimlad and Blue Hills like this.
  13. benb

    benb Evidence based cyclist

    Location:
    Epsom
    They are wilfully misinterpreting the legislation. Lazy policing.
    The legislation states that the offence is committed if you are "using" a mobile phone or other "hand-held device that performs an interactive communication function by transmitting and receiving data" [excludes 2-way radios]

    What constitutes "use" is not defined in the legislation, and is up to the prosecution to make the case for, but there are plenty of cases where people have been prosecuted simply for holding a phone, so at least some magistrates have concluded that the act of holding it constitutes use.

    From the link above:
     
    Scaleyback and Arjimlad like this.
  14. Arjimlad

    Arjimlad Tights of Cydonia

    Location:
    South Glos
    Sadly, the Barreto case has put a stop to that interpretation.

    http://www.counsel.direct/news/dpp-barreto-2019-ewhc
     
    Scaleyback and glasgowcyclist like this.
  15. Arjimlad

    Arjimlad Tights of Cydonia

    Location:
    South Glos
    I agree it is useless, and an amendment of the legislation is required. The Met appear to take a more bullish view, sending out 6 points and £200 fine fixed penalty notices which the driver can dispute if they feel lucky.. at which point the CPS could seek disclosure of mobile phone records.
     
    Scaleyback and glasgowcyclist like this.
  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice