New driving laws coming into force this year

[gaz1]

I've been switching the engine off for the last few years before touching the phone. The law on that front has always been a bit grey, so engine off, (and keys out of ignition if one wants to be absolutely certain), is the safest approach.

Btw, where's the mention of mobile phones on that page?

its not i thought it worth a mention as seen it on my rounds on net today this post reminded me of it so thought id mention it just incase

 

[brightspark]

so what is the current law fines and points using mobile phones and what's it going to be and when

 

[gaz1]

reference here

https://www.chroniclelive.co.uk/news/north-east-news/driving-laws-changing-heres-you-12669480

200.00 fine and 6 points

What’s more, if a motorist is caught twice, accruing 12 points in the process, they will automatically appear in court and face a fine of £1,000 and a driving ban of at least six months.

 

[MattF]

its not i thought it worth a mention as seen it on my rounds on net today this post reminded me of it so thought id mention it just incase

Ah. I'd scanned that page several times, thinking I was missing something.

 

[skotl]

Yeah that's one that always gets the arguments going, according to the police if you are in the car with the keys you can be judged as in control of the vehicle, even if asleep on the back seat.

Walking with the keys is judged as you are not in control of the vehicle because you are separated from it.

Google 'motorhomes and drinking', it's interesting because it suggest a person in a motorhome can get away with what a person in a car can not.

I wondered that. I worked with a guy who had a wee campervan and I mentioned that it must be great to just be able to drive anywhere and park up in a layby or carpark, and he said that it *had* to be an offroad official caravan type site otherwise if he had a few jars then he could be done for being drunk in charge of a motor vehicle.
But then... if it's in a caravan park, how is that different to being drunk as a newt in your car on your driveway?

Not condoning it in a million years, but both seem to be about being intoxicated while being in a vehicle on private property

 

[Wendelspanswick]

I wondered that. I worked with a guy who had a wee campervan and I mentioned that it must be great to just be able to drive anywhere and park up in a layby or carpark, and he said that it *had* to be an offroad official caravan type site otherwise if he had a few jars then he could be done for being drunk in charge of a motor vehicle.
But then... if it's in a caravan park, how is that different to being drunk as a newt in your car on your driveway?

Not condoning it in a million years, but both seem to be about being intoxicated while being in a vehicle on private property

Not sure that can be true as I know a few people with campers who 'wild camp' and imbibe regularly before going to bed.
The onus would be on the prosecution to prove that you intended to drive away, unlikely if you had your awning out, wheels levelled etc.

 

[Kent]

sat in the drivers seat p...ed with keys in pocket bad news . fling them in the hedge back and hope they don't notice and u wont get nicked

If your drinking in a motor home it's more than an idea to put the keys in the gas locker or similar.
We of course rely on police being reasonable but unfortunately I have had a couple of incedents when an individual was anything but reasonable. Common sense ain't to common it seems and something serious whent wrong with recruiting and training at some point - perhaps it's the pathetic pay rates they now get as a constable ?

 

[fizzy]

I wouldn't call £35k a year pathetic. They get more than soldiers. A mate of mine is in the met - he loves it and loves the pay.
Sadly there is a type that uniforms seems to suit!

 

[knighty]

I looked into the whole 'drunk in charge of a motor vehicle' thing when I had my camper van

important bit is you have to have intent to drive, and the police/court have to be able to prove it

obviously if you jump into the driver seat and start the engine you'll be done for drunk driving because it looks like you were going to drive - get in the back or the passenger side and you can say you obviously weren't going to drive and there's no good reason to think you were

 

[cumbriasteve]

get in the back or the passenger side and you can say you obviously weren't going to drive and there's no good reason to think you were

Afraid it has been proved that does not always work, the argument is if you are drunk your mind is not functioning as normal so stating something has no value because the drink may allow you to act against what you say etc.

I have no idea or clever enough to know what legal implications exist or how they would be argued for or against in court, there also appears to be no consistent outcomes, some get done and some don't

I remember one guy caught drunk and asleep in the back and his keys were lying on the ground outside the drivers door, he got 12 months ban for being in control of a motor vehicle whilst over the limit.

Perhaps had he been rich and could afford a top defence lawyer he may have got away with it.

 

[knighty]

when I read up on it, most of the people being banned were banned because they refused to give a breath sample which is an offence itself

you can understand their (drunk) thinking - I'm not going to drive so shouldn't have to give a sample


to get banned etc. you'd have to go to magistrates court and the magistrates would have to agree that you were going to drive while drunk, which I think is a pretty hard sell

I'm sure the whole keys thing is a misnomer, I always have my car key with me, I'm sure most other people do, have car keys attached to their house keys etc. - so if you're out drinking you probably have a car key with you


EDIT: I guess I should say I'm not a solicitor/cop etc. so it's just what I read up on

 

[skotl]

...The onus would be on the prosecution to prove that you intended to drive away, unlikely if you had your awning out, wheels levelled etc.

What I read about it last night suggested that the burden of proof is on the driver to show that they did *not* intend to drive.
I guess that makes sense if the charge is “being intoxicated while in charge of a motor vehicle”, as clearly you would be.
Your suggestion re awnings etc would likely help prove that you were not about to drive away.

 

[dannyp]

If plod find you kipping in the car all they want to know is where the keys are, if you can find them you have a problem. Been there had that pleasure.

 

[Pete.]

I don't think it's that hard to figure out for the common-sense minded. If you're in a layby parked with the handbrake on, you're not driving regardless of whether the engine is running or not. If you've stopped in traffic, handbrake or not, engine on or not - you're driving.