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Neil Down

Mobiles

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1 hour ago, Neil Down said:

https://www.three.fm/news/isle-of-man-news/tighter-laws-for-using-mobiles-behind-the-wheel/

Interesting to see they are going to tighten up laws that they don't enforce properly now - excellent

To be fair one reason they don't enforce them is that the current legislation is badly drafted.  From the explanatory memorandum:

Quote

The effect of the regulations is to amend the Road Vehicles (Maintenance and Use) Regulations 2012, with regards to two elements: emissions testing of motor vehicles and the use of hand held mobile devices when driving a motor vehicle.

The first element provides for testing vehicle emissions and makes use of the provisions that already apply in the United Kingdom. Utilising these provisions will enable the Department to better address environmental concerns and to use equipment and emission standards that are already universally accepted.

The second element follows a failed court prosecution for the use of a hand held mobile device when driving a motor vehicle. Current provisions are not robust and the changes introduced by this proposal will provide similar provisions to those in place in the United Kingdom, with modifications to reflect Manx legislation.

The Regulations reflect Department and Government policy in respect of protecting our environment and promoting the safe use of our roads.

I've left the first part in because that's also been the subject of some discussion on here.  I'm not sure what loopholes the failed prosecution exposed, maybe over the definition of hand-held.  The new regulations are here.

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Should make it really difficult for those who can afford it to just pay £200 or whatever by coroners admission and not even go to court, like my ex-boss. Just carried on working, made the money back in a day. Really those people should be sentenced to community service, if we had a decent CS scheme (that's a whole different discussion). No real punishment in situations like that.

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6 minutes ago, TheTeapot said:

Should make it really difficult for those who can afford it to just pay £200 or whatever by coroners admission and not even go to court, like my ex-boss. Just carried on working, made the money back in a day. Really those people should be sentenced to community service, if we had a decent CS scheme (that's a whole different discussion). No real punishment in situations like that.

Not sure I follow your reasoning there. It's an offence so why shouldn't they go to court? As for the fine, £2500 doesn't appear to be deterring them so reducing it to £200 will more than likely encourage them to use the phones

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I think you need to read that post again Neil, youve interpreted it about as wrongly as possible

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1 hour ago, TheTeapot said:

I think you need to read that post again Neil, youve interpreted it about as wrongly as possible

Not the best constructed sentence but yes I now understand what you were trying to say.

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so translating the bullshit into plain english  if your phone is in  a cradle or sat next to you on a seat and all you need to do is touch the screen to answer a call  is this considered holding for the purpose of the act?

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1 minute ago, WTF said:

so translating the bullshit into plain english  if your phone is in  a cradle or sat next to you on a seat and all you need to do is touch the screen to answer a call  is this considered holding for the purpose of the act?

Yes, it's just bringing the Island in line with the UK. Tynwald rarely do anything without someone having done it first. 

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5 minutes ago, Ham_N_Eggs said:

Yes, it's just bringing the Island in line with the UK. Tynwald rarely do anything without someone having done it first. 

so is voice answering permitted ?  as in  you say 'answer' and the phone does it?   

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22 minutes ago, WTF said:

so is voice answering permitted ?  as in  you say 'answer' and the phone does it?   

Yes in theory as long as you're not touching it in any way. In practice that's not strictly true as the police could still fine you if they feel the hands free is interfering with your driving. In the UK this also includes if you are using it as a sat nav; and if you are parked with the engine running. 

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The current mobile phone ban is widely ignored, usage is fairly blatant, people hide their phones under the wheel or in their lap, texting/messaging is far more common than an old fashioned phone call so perhaps the cops look for the ones with their phone glued to their ear.

Smoking in company vehicles is another fairly blatant rule broken daily, if they ever needed to top up their Christmas party fund that would definitely be the one to go for. Is smoking with kids in the car also banned? I still see that daily and what happened about needing booster seats for kids under a certain age/height?

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31 minutes ago, Annoymouse said:

The current mobile phone ban is widely ignored, usage is fairly blatant, people hide their phones under the wheel or in their lap, texting/messaging is far more common than an old fashioned phone call so perhaps the cops look for the ones with their phone glued to their ear.

Smoking in company vehicles is another fairly blatant rule broken daily, if they ever needed to top up their Christmas party fund that would definitely be the one to go for. Is smoking with kids in the car also banned? I still see that daily and what happened about needing booster seats for kids under a certain age/height?

Exactly, introducing more rules is just stupid when they are not even enforcing what’s in place now

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17 minutes ago, Neil Down said:

Exactly, introducing more rules is just stupid when they are not even enforcing what’s in place now

If you read the manx papers there are frequently people fined for it, so I take it those people must be voluntarily handing themselves in having somehow had pangs of guilt.

I'd be interested to hear your proposals for how it should be enforced.

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35 minutes ago, Neil Down said:

Exactly, introducing more rules is just stupid when they are not even enforcing what’s in place now

But as I pointed out above, this change is also so the can enforce existing rules as well as stopping drivers doing things that weren't covered by the original regulations which were introduced pre-smartphone.  And according to the Chief Constable's Report 96 people were prosecuted in 2018-19 for 'Use of mobile phone whilst driving', so you can't really claim they're not enforcing it at all.

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35 minutes ago, TheTeapot said:

If you read the manx papers there are frequently people fined for it, so I take it those people must be voluntarily handing themselves in having somehow had pangs of guilt.

I'd be interested to hear your proposals for how it should be enforced.

Not frequently at all more pot luck. My proposals mean feck all other than to give yo an in to make stupid comments...:flowers:

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