Teslas and UK ‘don’t touch your phone’ laws

[Mullermn]

I’m not really interested in individual opinions on this (simply because it’s pretty obvious in advance what the two different schools of thought are going to be), but I am interested in any official information or opinions that readers might be aware of.

Teslas are obviously very dependent on a software driven interface and touch screen controls, but in the UK we are getting increasingly strict restrictions on use of phones or other distraction devices while driving.

Is there any official view on where these things collide? Is use of the Tesla UI while driving strictly speaking breaking the law? Is there any likelihood that the laws might further tighten to the point where it is, and what would that mean for current owners?

Or is there a specific exemption in the rules for in built infotainment systems? It would be reasonable to assume that if the government certifies a vehicle for sale that it is legal to use it, after all.

 

[Wishmaster]

Thats a very interesting point , it would be good to hear from a police man with a tesla.

 

[init6]

Lots of cars have touch screens. Not a Tesla problem per se.
The illegality comes from using a handheld device.

Thats a very interesting point , it would be good to hear from a police man with a tesla.

Google is your friend:

Using a phone, sat nav or other device when driving

It’s illegal to hold a phone or a sat nav while driving - you'll get penalty points, a fine and can be banned from driving.

www.gov.uk

 

[Hessles]

The law is quite specific about “holding” the device. I think we’re fine.

 

[Skie]

There are separate laws/rules all interacting to make it confusing to the driver.

1. Using a handheld device - literally what it says on the tin. Put it in a proper mount.
2. Having a device attached that obstructs or blocks your view - don’t put the mount in a position that blocks your view!
3. Distracted driving/not being in control - applies to any device in the vehicle, even the built in systems. Incredibly subjective.

 

[DaveNN]

3) is, in my opinion ( wanted or not), a little more than subjective.

What would plod/ your insurers say should the driver be involved in an accident and its proven that the phone was in use at the time.....hands free or not??

 

[Js1977]

There are separate laws/rules all interacting to make it confusing to the driver.

1. Using a handheld device - literally what it says on the tin. Put it in a proper mount.
2. Having a device attached that obstructs or blocks your view - don’t put the mount in a position that blocks your view!
3. Distracted driving/not being in control - applies to any device in the vehicle, even the built in systems. Incredibly subjective.

3) is, in my opinion ( wanted or not), a little more than subjective.

What would plod/ your insurers say should the driver be involved in an accident and its proven that the phone was in use at the time.....hands free or not??

1 and 2 is if you get caught there is no rebuttal. 3 however is tricky and the most important one here and if you have a crash or the police have car footage (or any other cctv source) it might be a clean case for the prosecution (if you decide to argue the case and for most cases you have to go to court anyways for this sort of offence). In more serious cases they can resort to looking through your phone or logs from your phone company, a cigarette butt laying about in the car, a banana peel, spilt drink etc. If prosecution service is involved it's a case of who ever has the best argument or if you can put enough forward as to cast doubt.

 

[DaveNN]

1 and 2 is if you get caught there is no rebuttal. 3 however is tricky and the most important one here and if you have a crash or the police have car footage (or any other cctv source) it might be a clean case for the prosecution (if you decide to argue the case and for most cases you have to go to court anyways for this sort of offence). In more serious cases they can resort to looking through your phone or logs from your phone company, a cigarette butt laying about in the car, a banana peel, spilt drink etc. If prosecution service is involved it's a case of who ever has the best argument or if you can put enough forward as to cast doubt.

My previous employer advised Co car drivers to not take nor make calls whilst driving ...handsfree kits were installed ..
Cue complaints that calls were not being returned as quickly as expected.

 

[boombap]

It’s definitely a fuzzy legal issue there was already a case in Germany where the driver was found at fault for this issue, it’s like any other distracted driving ultimately.

 

[init6]

It’s definitely a fuzzy legal issue there was already a case in Germany where the driver was found at fault for this issue, it’s like any other distracted driving ultimately.

Unless WW2 was for nothing, we don't have German laws in the UK

 

[boombap]

Unless WW2 was for nothing, we don't have German laws in the UK

You say that, but our distracted driving laws are very similar in construct as a result of the time we spent in that little club called the EU. But if you don’t drive off the road and in to a tree as that particular German did you’re probably fine.

 

[init6]

But if you don’t drive off the road and in to a tree as that particular German did you’re probably fine.

And that's the smoking gun for being distracted - not driving on the road.

 

[Js1977]

Unless WW2 was for nothing, we don't have German laws in the UK

I dont think that is a very nice remark in modern times. However, you might find that there is more than what you think even after brexit.

 

[candida]

The regulations, which give effect to section 41D of the 1989 Road Traffic Act, as amended in 2007 by the Road Safety Act 2006, apply to handheld mobile phones or other handheld communication devices. Your touchscreen isn’t either of those as it’s not a handheld device. The 2022 changes don’t affect this.

Peering at your consumption screen because you don’t have your glasses has always been and will still be driving without due care.

 

[Zilla91]

It always struck me as a bit bizarre how checking my Twitter timeline on my phone while on the charging mat is illegal but doing the same thing using the browser is perfectly legal until I crash

 

[Js1977]

It always struck me as a bit bizarre how checking my Twitter timeline on my phone while on the charging mat is illegal but doing the same thing using the browser is perfectly legal until I crash

There is nothing stopping you from going out right now and commit a very serious crime or even doing so online. Sometimes you have be careful what you wish for.

 

[Zilla91]

Eh? It was just an example, not something I’ve actually done. I’ve been on record in this forum saying that I find the touchscreen dangerous so I’m not quite sure what you’re getting at here

 

[phil4]

No opinion.

I believe there are two laws to be aware of. The first specifying what you may and may not use/touch in a car. I think that's well defined.

The second is failing to drive a with due care and attention.

So the former you can, like not wearing a seatbelt, be pulled over for, and done on the spot. The second can be invoked when you have an accident and they can show that you weren't paying enough attention, due to what you were doing, whether it be legal or not.

A bit like using TACC/AP, you're legally in control of the car, thus need to pay due care and attention.

 

[Js1977]

Eh? It was just an example, not something I’ve actually done. I’ve been on record in this forum saying that I find the touchscreen dangerous so I’m not quite sure what you’re getting at here

Simply that you (or anyone in this country) in this are free to do whatever is they want wether its right or wrong. Honestly, the world and certainly not me are out to get you. It was there plain and simple, It's not difficult is it?

 

[Zilla91]

Never said that you or the world was. Maybe work on your tone, it’s not that difficult, is it? Thank you for the clarification.