Touching a Sat Nav screen whilst riding.

[earthman]

Interesting article from a lawyer, I only found out about that handlebar mounted thumb wheel on the GS the other day funny enough.

https://www.whitedalton.co.uk/motorbike-blog/2018/03/touching-sat-nav-illegal/



Admin edit:  Link edited to remove superfluous link data

[JerseyRider]

OK, so this is a very important topic today, especially for motorcyclists as we are more likely to end up dead or seriously injured as a result of distracted driving.  A defense lawyer writes the article from the point of view of defending a motorcyclist against a charge of “driving without proper control”.  Mr. Dalton makes the point that parsing the language of the statute is less important than the concept of whether “On balance… most magistrates [would] convict you if you were caught operating your sat nav while riding.”

If you violate the law on device use, you are deemed to have been operating in a distracted matter.  Your culpability is per se.  However, in New Jersey, and likely across the pond, it is not whether your using your phone or your sat nav is a technical violation of the statute that matters because even if you are in compliance with the statute on the use of electronic devices, if you are distracted in any way – you will have committed the offense of being a distracted driver and will have violated the more general offense included in the code of your state.

In New Jersey the electronic device statute reads:

39:4-97.3. Use of hands-free and hand-held wireless communication devices while driving; when permitted; penalty

a. The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle. For the purposes of this section, an “electronic communication device” shall not include an amateur radio.

You may be in compliance with the above and still be convicted of:
 
39:4-97.2. Driving or operating a motor vehicle in an unsafe manner; endangering persons or property; fines; surcharges

a. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.

Each day in the United States, approximately 9 people are killed and more than 1,000 injured in crashes that are reported to involve a distracted driver and it is believed that the statistics are grossly underreported due to an inability to adequately determine the facts in individual cases!!!
Distracted driving is driving while doing another activity that takes your attention away from driving. Distracted driving can increase the chance of a motor vehicle crash.  It is a serious offense no matter the cause or whether there is a technical violation while using an electronic device.  You can use your device in compliance with the law and still be distracted by its use.  We all must be extra vigilant and preach to those around us to be extra vigilant as people are dying.

Anything that takes your attention away from driving can be a distraction. Sending a text message, talking on a cell phone, using a navigation system, eating, daydreaming, normal conversation, rubber necking for any reason while driving are a few examples of distracted driving. Any of these distractions can endanger the driver and others.
Anything that is purposeful conduct that detracts from your focus on the road and the operation of the vehicle is against the law.  We all must drive with due caution and circumspection whether you are violating the electronic device usage laws or not.  That’s the point!  The article makes a distinction without a meaning.

Of course, texting while driving is especially dangerous because it combines all three types of distraction.  Sending or reading a text message takes your eyes off the road for about 5 seconds, long enough to cover a football field while driving at 55 mph.



Preach the word and thereby save lives.  Peace.

[earthman]

I believe that it's legal for us citizens to use a CB radio/walkiie talkie whilst behind the wheel too, I'm pretty amazed by that,...are they exempt due to the emergency services having to use such devices whilst driving I wonder?? 

[JerseyRider]

Originally Posted by earthman

I believe that it's legal for us citizens to use a CB radio/walkiie talkie whilst behind the wheel too, I'm pretty amazed by that,...are they exempt due to the emergency services having to use such devices whilst driving I wonder??

Yes.  Many states exempt CB radio use from the "electronic device" statute in the state.  Many also exempt cell phone use in the case of an emergency and/or in the case of reporting crime.

Nevertheless, the general unsafe or careless driving statutes still apply.  The question is a function of the reasonable person standard.  Has the person acted reasonably under the circumstances?  The point I am making is that it is important to understand what the law is on using our devices.  It is more important to understand that, even if you are using your device legally, you can still be guilty of distracted driving and you are still culpable if you use your device legally but unsafely under all the circumstances.  This issue needs to be under the magnifying glass as it is a growing problem.

[Coconut]

This issue needs to be under the magnifying glass as it is a growing problem.

+1 

A big problem in the UK, is that there are SO MANY motorists using their Mobile Phones while driving,
that they are causing mayhem on our roads 

There are so few Police Patrols out on the streets now, due to all of the Financial cutbacks,
that those who arentl tied to the Station dealing with paperwork etc etc,
are usually too busy rushing from one "job" to the next to have time to stop
and deal with this problem, other than for short targeted periods
when they might run a Campaign - usually after a Fatal or serious "Accident" !

The Government have acknowledged the problem, but all that seems to have been done is to increase the
Penalty ( 6 Points and a £200 Fine if given a "Fixed Penalty, OR if Summonsed to Court -
Disqualified from Driving and Fined up to £1000, or £2500 if driving a lorry or Bus.
"New" drivers having passed their Test in the last 2 years will also lose their Licence ),
but all of these these only apply IF you are caught, which, as above, is not particularly likely,
so is not proving to be much of a deterrent !

Rant over 

[1675]

Our local constabulary was asked how many prosecutions they had carried out for mobile phone use in a year and it was just under 1000 tickets. They have around the same amount of officers, albeit not all are operational or on uniform duties etc. No wonder we see so many phoning and texting on the road. I try not to use the sat nav on the go purely as a safety issue and to avoid injury to myself. Common sense really

[Xsv]

In Washington State it is a “secondary” violation to be eating or drinking while operating a motor vehicle. Meaning you can’t be stopped for the violation, but can be ticketed for that if stopped for another violation.

Interesting enough is many years ago not using a seatbelt was a secondary violation, but is now grounds for a primary stop. I am sure that eventually that the eating and drinking violation will be made a primary offense.

Enough already.  We have enough laws on the books to cover everything under the sun that you may do in your vehicle without creating additional penalties.  Excercise some personal responsibility for your actions.  Where do the laws end?  If 99 out of a hundred people can take a sip of water safely while driving shall we cite all 100?

NO!  We should cite the person who can’t manage to drink water and maintain lane intergrity, use their turn signal, stop fully at a stop sign, fail to yield right of way at an uncontrolled intersection, fail to reduce speed and use caution when approaching an intersection, embracing while driving,  or signaling 100 feet in advance of changing lanes or making a turn,  failing to dim high beam headlights, speed to fast for conditions.......I think you get my point.

Three aspects when enforcing a law; letter, spirit and intent.  When only the letter of the law is taken into consideration the police become revenue generators. 

[JerseyRider]

You are correct Xsv.  We do not need more laws.  We need more awareness and more vigilance by all drivers.  And we need a way for people to be caught and punished when they don't sip carefully as a deterrent.  Drivers who are not careful and hurt someone should not be able to hide easily and avoid the consequences of their failure.