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Is a mounted tablet legal for the driver?

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  • Herzlos
    Herzlos Posts: 15,951 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    RS2000. wrote: »
    What I'm saying is the mere act of touching a tablet that is fitted in a way as not to be handheld isn't an offence.

    And we're not talking about merely touching a button on a tablet and ignoring it. We're talking about checking emails on it. Just because it's not hand-held doesn't mean it's fair game.
    RS2000. wrote: »
    !!!!!! when stationary why is the standard of your driving below the standard of a competent driver?

    Because you're f'ing about on a tablet instead of paying attention?
  • RS2000.
    RS2000. Posts: 696 Forumite
    Herzlos wrote: »


    Because you're f'ing about on a tablet instead of paying attention?

    So you'd accept a conviction for careless if you changed a radio channel when stationary?
  • Herzlos
    Herzlos Posts: 15,951 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If I spent 30 seconds with my head down, aye.

    Plenty of accidents have been caused by people playing with the radio. They'll have been done for due care and attention.

    The problem isn't just related to the action, but the distraction.
  • dannyrst
    dannyrst Posts: 1,519 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    RS2000. wrote: »
    !!!!!! when stationary why is the standard of your driving below the standard of a competent driver?

    Because driving doesn't just involve moving a car. It involves observing other hazards and being aware of them.

    Do you remember when you took your theory test? There was a section called Hazard Perception. It was like watching a series of little films and clicking a mouse button.

    Feel free to tell me I'm wrong again, you no doubt will because clearly you are the indisputable fountain of internet car law knowledge. Next time you're sat in traffic with the police behind you, crack out your phone and start texting people and see if they agree with you. :T

    Kthanks.
  • RS2000.
    RS2000. Posts: 696 Forumite
    AdrianC wrote: »
    Not so sure about that...

    You're in a stripy Volvo, sat at the lights. The guy in front is mucking about with his fondleslab, securely held in a cradle on the dash. The lights turn green. He's too engrossed in reading his email to notice. Eventually, he notices, and wellies it away, narrowly missing the car coming from the other direction who's taken the opportunity to turn right, across his path.

    Do you put the lights on and invite him to spend some time at the roadside in your company?
    Has there been an accident? No.
    Is he driving carelessly? Well, you tell me. It could easily be viewed as dangerous, but a £100/3pt FPN for careless, and a roadside bollocking, would sound to be the right result to me.

    He's driven like a !!!! so yes you're correct.

    But you're adding evidence.

    How about he stops hits refresh and then drives off paying full attention in the same way he would if the device wasn't there. Is that careless?
  • RS2000.
    RS2000. Posts: 696 Forumite
    dannyrst wrote: »
    Because driving doesn't just involve moving a car. It involves observing other hazards and being aware of them.

    Do you remember when you took your theory test? There was a section called Hazard Perception. It was like watchinNo, didn't do one.g a series of little films and clicking a mouse button.

    Feel free to tell me I'm wrong again, you no doubt will because clearly you are the indisputable fountain of internet car law knowledge. Next time you're sat in traffic with the police behind you, crack out your phone and start texting people and see if they agree with you. :T

    Kthanks.

    You're wrong as this isn't about cracking out a handheld phone and texting.

    Instead of just ranting why not apply some logical arguement?
  • Herzlos
    Herzlos Posts: 15,951 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    RS2000. wrote: »
    How about he stops hits refresh and then drives off paying full attention in the same way he would if the device wasn't there. Is that careless?

    No. Unless he missed something when hitting refresh. If it takes him half a second, fine, but if he's looking at it for a few seconds, it could be.

    But if he's observed at exactly that moment he'll have an uphill struggle.

    Officer: What were you playing with on that screen?
    Driver: Just my email. It's alright, I wasn't moving.
    Officer: ...?

    And we all know that's not what'll happen. He'll hit refresh and if anything comes up, he'll hit open. If he wasn't going to open any of it, he wouldn't hit refresh. The best advice is just to not bother, and wait until he's somewhere safe to hit refresh.

    If it gave some audible alert on new message, so he knows to pull over and check, that'd be fine.
  • dannyrst
    dannyrst Posts: 1,519 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    RS2000. wrote: »
    You're wrong as this isn't about cracking out a handheld phone and texting.

    Instead of just ranting why not apply some logical arguement?

    Yes but there is no difference between doing that and using a tablet to read emails? It doesn't matter if it's mounted or not.

    You aren't aware of hazards if you are focused on something within the car whilst in traffic. Is that not logical?
  • RS2000.
    RS2000. Posts: 696 Forumite
    Herzlos wrote: »
    No. Unless he missed something when hitting refresh. If it takes him half a second, fine, but if he's looking at it for a few seconds, it could be.

    But if he's observed at exactly that moment he'll have an uphill struggle.

    Officer: What were you playing with on that screen?
    Driver: Just my email. It's alright, I wasn't moving.
    Officer: ...?

    And we all know that's not what'll happen. He'll hit refresh and if anything comes up, he'll hit open. If he wasn't going to open any of it, he wouldn't hit refresh. The best advice is just to not bother, and wait until he's somewhere safe to hit refresh.

    If it gave some audible alert on new message, so he knows to pull over and check, that'd be fine.


    I think the real arguement would be on previous form is the OP capable of merely checking and not acting?

    I'd still argue that a prosecution would fail on careless unless there was clear evidence the driver was avoidably distracted as in the case of a phone or turning up the radio.

    In relation to careless CPS state

    The test of whether the standard of driving has fallen below the required standard is objective. It applies both when the manner of driving in question is deliberate and when it occurs as a result of incompetence, inadvertence or inexperience.

    The act of touching a tablet is deliberate but as the traffic is stationary it has no bearing. If a police vehicle pulled along side you and they spoke to you, is it careless to look at them diverting your attention away from the lights?
  • RS2000.
    RS2000. Posts: 696 Forumite
    dannyrst wrote: »
    Yes but there is no difference between doing that and using a tablet to read emails? It doesn't matter if it's mounted or not.

    You aren't aware of hazards if you are focused on something within the car whilst in traffic. Is that not logical?

    It's an offence to send a text on a handheld phone. That's not objective but according to CPS careless driving is.

    The test of whether the standard of driving has fallen below the required standard is objective. It applies both when the manner of driving in question is deliberate and when it occurs as a result of incompetence, inadvertence or inexperience.

    Legally there's a difference.
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