Photo taking rubberneckers fined

UK PROFESSIONAL DRIVERS FORUMS THE UK PROFESSIONAL DRIVERS FORUM (INTERACTIVE)
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Motorists who took photos of a lorry fire on a West Midlands motorway have been prosecuted by police.

Warwickshire Police said about 80 motorists have been sent letters saying they were seen taking photos of the fire near junction 3a on the M6.

“They can either pay a £100 fine and have three penalty points put on to their licences or contest the case in court,” a spokesman said.

The offence was “driving while using a mobile phone”, police said.

A police spokeswoman said so far no-one had elected to go to court.

Details of the fire on 6 June were tweeted by the force on Wednesday.

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I think people forget that even though they’re using it as a camera its still a phone and comes under that law.

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Wonder if the police actually have evidence of people using their phones, or if “being seen” is enough to go through a court of law.

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I don’t know the circumstances when they were taking pictures but if they were slowing down to take the pictures it’s a shame the offence is not more related to rubbernecking, I don’t know what offence rubberneckers can be charged with but I imagine it would be something like driving without due care and attention.

I hate rubberneckers and would like to see more fines/prosecutions for the actual offence rather than some related offence, it’s the only way to to get the message across and stop these idiots who’s ghoulish curiosity can cause chaos on the roads.

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109LWB:
Wonder if the police actually have evidence of people using their phones, or if “being seen” is enough to go through a court of law.

I think I read somewhere the police want corroboration scraped but it hasn’t happened yet, so there would need to be two officers that witnessed it I reckon.

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They need to hire solicitor Mr. Loophole (Nick Freeman)

Daily Mirror:
During one of his three cases defending Jimmy Carr, in 2009 Freeman successfully argued that the comedian was not using his phone while driving.

He convinced magistrates Carr was actually using his iPhone to dictate an idea for a joke and dictating into a phone is not illegal.

Near the bottom of this article…
mirror.co.uk/news/uk-news/co … xs-3453365

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They must have been done via the motorway CCTV. Would be good going from the Police to bravely tend to the needs of the fire :unamused: :unamused: - clock folk taking photo’s and the registration plates all at the same time.

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isn’t it classed as using a handheld device whilst driving …which could be anything really…

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mk7fiesta:
isn’t it classed as using a handheld device whilst driving …which could be anything really…

Not sure on the legitimacy of this site but…

A hand-held device is something that is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function.

A device is “similar” to a mobile phone if it performs an interactive communication function by transmitting and receiving data. Examples of interactive communication functions are sending and receiving spoken or written messages, sending or receiving still or moving images and providing access to the internet.

driving-law.co.uk/offences/mobile_phone.asp

Would like to see an official .gov document on the law, see what that says.

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In the past motorists have been caught by traffic car camera tending to accident, Usually bmw x 5 etc camera catches the motorist holding phone and reg plate. Same thing happened Northampton on m1 I believe they where filmed.

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mk7fiesta:
isn’t it classed as using a handheld device whilst driving …which could be anything really…

What, like a Police radio? :unamused:

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ladder49:

mk7fiesta:
isn’t it classed as using a handheld device whilst driving …which could be anything really…

What, like a Police radio? :unamused:

Which they have a special exemption for.

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109LWB:
Wonder if the police actually have evidence of people using their phones, or if “being seen” is enough to go through a court of law.

…If they didn’t have “evidence” - then how come they knew who to send the letters to? :confused:

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m1cks:

ladder49:

mk7fiesta:
isn’t it classed as using a handheld device whilst driving …which could be anything really…

What, like a Police radio? :unamused:

Which they have a special exemption for.

Which you don’t need for a CB radio.

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Correct Weeto.
Under the mobile phone law, 2-way radios are exempt BUT handhelds are not.
All the same if you use a 2-way radio you are open to “Driving without due care and attention”
So either get a hands free setup or dont put the mike up to your mouth