Mr Mike if you read my post you'll find part II section 30 quoted first. So I don't confuse my MOT testers manual with the RT Act. I'm fully aware of the difference. Just as an aside you must surly know that it is an offence to drive a motor vehicle on a public highway knowing it is in a condition that would cause it to fail an MOT. The vehicle is considered not roadworthy. The stress being on "knowing" which with a bloody great lump of plastic stuck to your windscreen you can't really say "I didn't see it officer"
I do like a good debate on the finer points of our marvellous British traffic laws. Would anyone like to debate the legality of number plates fitted to the side of bikes as that's a fascinating area wide open to interpretation.
Firstly,
sorry about saying you were confusing the RVCaU regs with the MOT
guidance – my mistake – realise on reading back that you weren’t. The
concept that it’s illegal to drive a vehicle on a road knowing it would
fail an MOT is an interesting one though – because it’s not an offence
in and of itself – to prove such a case you’d have to KNOW
everything that would fail an MOT – however, there ARE offences that
exist for operating a vehicle with, say, illegal low tread on a tyre,
and that would also fail an MOT – so in a way, it’s true to say that it
would be illegal to drive a vehicle on a road knowing it would fail an
MOT in that case (although it’s still true that the offence is driving
the vehicle with illegal low tyre tread, not drive a vehicle on a road
knowing it would fail an MOT) Semantics maybe, but then the law is all about semantics
Re: use of mobiles whilst driving. Ive just followed a bloke in a car through an industrial area with tricky junctions and bends. He was all over the place, kept changing gears with the phone in his hand and he was chatting away. I dont believe he knew a vehicle was behind him until I flashed my lights etc, as we approached a housing estate. He pulled over, waited until i drew level with him and gave me the filthiest evil look ever!
He had absolutely no idea that his actions were not only dangerous but that he was breaking the law.
What on earth is wrong with people apart from stupidity and selfishness? If a child had stepped out into the road he wouldnt have been aware, i dont even want to think about the consequences. Its scary enough that other roadusers were being put at risk!
A fine and points don't seem work on these idiots, how about an instant 3 month ban may be that will work. I've seen drivers using their laptops whilst driving amongst other things and what about using the 2 second rule, leave safe braking distance and the idiots cut in. Wish I had gun mounted on my bike and car. So annoyed.
As I said earlier in this thread For all professional Drivers if we are done for using a mobile phone when driving our license LGV/PSV are suspended for 14 day's. This should be for all drivers 1st time 14 day suspension 2nd time 12 months ban with NO right to appeal against it, This would included the police who are the worst offenders as they are exempt from this as you see all the time on tv followed by the voice over say they are specially trained to hold a phone/radio change gear, indicate, steer, operate blue lights, 2 tone horns, all at high speed though a housing estate with kids playing and parked cars.
Hi everyone, some good points and are's of legislation raised here, It is a pity that when an officer stops a driver for using a hand held communication device or any device whilst driving on the road that they don't include driving without insurance and impound the vehicle as all motor vehicle insurers will not cover a driver using such devices whilst driving, when you re-insure your vehicle next time tell the insurance company from time to time you use devices while driving and see what the response will be!
![using a hand-held mobile phone whilst driving (2) - Forums [Biker Match]](/images/backgrounds/strips/8mobileLQ.jpg)
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