Time To Up The Ante On These Public Menaces?

[ToraToraTora]

http://www.bbc.co.uk/news/uk-politics-35410646
Up the fines? Nah, instant ban, then jail in my opinion, phoning and texting whilst driving is at least as dangerous as DD.

[bhg481]

I would be more in favour of an on-the-spot ban and permanent confiscation of the phone. Even a £1000 fine would be peanuts to some people; an instant ban, maybe only for a week, would cause serious inconvenience especially if the car were also confiscated for a week. Offenders would be left at the roadside or taken to the next motorway services area and left there.

[viv41]

waterboatman - was there any comeback ?

[New Judge]

“I would be more in favour of an on-the-spot ban and permanent confiscation of the phone.”

There would be difficulties with that, bhg, without a fundamental change in the law. Only courts can impose driving disqualifications. Even the DVLA does not have such power. It can, in some circumstances, revoke a driver’s licence but this is not the same as disqualifying him from driving. If he drives after having his licence revoked he can be charged only with driving without a licence (Maximum penalty £1,000 fine). If he drives having been disqualified he can receive a six month custodial sentence.

In any case there would be difficulty with people who deny the allegation. Imagine this:

Officer: “ I saw you using a phone whilst driving and you are now banned for a week”

Driver: “I was not using a phone I was scratching my ear”

The matter would have to go to court for a trial.

[bhg481]

I take your point, NJ. I just feel that inconvenience could be a bigger punishment than a fine for some people. It would be nice if some way could be found to do it, the equivalent of locking-up drunken drivers until they sober up.

[andy-hughes]

The utter obsession with mobiles is a 'generation' thing - lost on someone like me who grew up driving without recourse to constant communication.

A lifetime ban is the answer - it's the only way to convince the public of the seriousness of the issue.

Sadly, as a society, the attitude of 'I want... so I will ...' increases year on year.

[bhg481]

Do the insurance companies financially penalise these drivers in the same way that they do drunks?

[New Judge]

“Do the insurance companies financially penalise these drivers in the same way that they do drunks?”

Not in the same way at all, bhg. A conviction for DD will certainly see premiums loaded considerably for some years. Employers usually will not take on drivers with a DD conviction less than five years old (mainly because their insurers will not insure them or, if they do, will impose hefty loadings).

A single mobile phone offence, like a single speeding offence will attract very little in the way of loading.

We’ve done the “lifetime ban” bit before as I recall, Andy. As I think I said them, it would almost certainly fall foul of the “reasonable and proportionate” test and it would not leave any room for manoeuvre when it comes to far more serious offences. I appreciate that using a phone whilst driving can lead to death or serious injury. Charges are available where such tragedy results as they are for when speeding has the same results. However I do agree that the current penalties are not working. It is not entirely due to lack of enforcement. As with DD there will always be people who will break the law regardless of the consequences. But the mandatory ban that DD attracts does seem to have some deterrent effect. For most people 3 points on their licence is no big deal.

[bhg481]

Thanks NJ. Perhaps if the insurance companies treated it as a more serious offence the message might get throug to a few more people; if the "experts" claim that phone use is as dangerous as drunken driving I find it very strange that the insuranance companies don't back them up (or use it as an excuse to increase premiums, depending how cynical you are).