Smoking And Driving ?

[kylesmum]

I don't smoke and haven't for at least 15yrs but I am one of those 'blooming reformed smokers' !!

I'll admit it :)

However, my husband smokes, it's not an issue as he doesn't smoke in the house...in fact even when he's had a few swift ones he still goes outside...we have a wee shelter..and he has a few drags.

When we're in the car or van though it's like something out of the Generation Game ! How to roll a fag, watch the traffic, steer with your elbows, lick the paper, light it ...all without having your hands on the steering wheel !

He's not unique yet it's not banned...same as faffing about changing cd's or channels on the radio. All dangerous...extremely !

Bring it on...I know you will all feel the same as me about this...or do you?

[New Judge]

No it is not specifically banned. Nor is driving on the wrong side of the road. However he could be accused of careless driving or failing to exercise proper control. So he needs to be careful.

[Sycamore3House]

My partner smokes Rollies and like your hubby not in the house etc but when driving. Since the ban came in on mobiles he has taken the sensible approach and rolls a few before he drives and he has a little tin to put them in.

[Buenchico]

The actions you describe can lead to a charge of "driving without due care and attention, contrary to Section 3Z(A)2 of the Road Traffic Act 1988".

From the Crown Prosecution Service website:
"There are decided cases that provide some guidance as to the driving that courts will regard as careless or inconsiderate and the following examples are typical of what we are likely to regard as careless driving:
. . .tuning a car radio; when the driver was avoidably distracted by this action;
. . . selecting and lighting a cigarette or similar when the driver was avoidably distracted by that use".
http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_guidance_on_prosecuting_cases_of_bad_driving/#a30

[kylesmum]

Thanks NJ...I was aware of the semantics but I was actually veering towards whether there should actually be an actual charge as with D&D.

I wondered what peoples personal opinions were on the subject but than you,i'm sure that countless people could be nabbed for careless driving.

In my opinion it's akin to using (abusing) a mobile whilst driving and should carry the same penalty

[kylesmum]

Make what you like of the previous post...I forgot to delete something...there again I could have pretended I was PP and no-one would have batted an eyelid :)

[Prudie]

I presume you mean making rollies while driving should be banned. Heaven forbid you mean smoking per se. Smoking in my car on my own is the last place I can smoke sitting down in the warm. Leave me alone.

[kylesmum]

Sorry ...missed you all ! Sycamore...excellent idea...i'll drum that into him !!

Chris...I agree ! Wholeheartedly...i'm just astounded that it hasn't been flagged up as a seperate charge..are you? It seems to be a 'grey' area. I've yet to hear of anyone being charged with careless driving whilst lighting a fag and i'd stand corrected !!

[kylesmum]

Prudie...you're gonna hate me :) I think anything which distracts you from the road should be banned.
I smoked...I loved my first fag driving home from work but even I have to admit it involved being distracted...to quite a degree/

Even taking your eye off the road to light the fag is a distraction.

I can't accept it.

People fly on holiday and go without cigs for up to 6/7hrs and don't bat an eyelid..as it's banned. That's my issue.

[Buenchico]

A relevant link, perhaps?
http://www.dailymail.co.uk/news/article-335291/Pipped-Woman-driver-fined-eating-apple.html

[Prudie]

Well this is the point, people detest smoking and smokers so they are a target (despite it being legal) however when driving lighting a fag is just as distracting as changing music, getting a sweet, talking to passengers, turning behind to check on children, swigging from a water bottle, checking one's look in the mirror, throwing rubbish out of the window blah blah..

[agchristie]

Maybe a hands-free smoking kit will be invented....

[New Judge]

As I said in my first post, km, there is no need for specific offences. The current legislation to which Buenchico has kindly referred covers all such activities.

[Buenchico]

>>>i'm just astounded that it hasn't been flagged up as a separate charge

The vast majority of motoring law is founded upon 'general' legislation, rather than 'specific' rules. For example, there's no specific law that states that you can't drive on the 'wrong' side of the road. If the police see you doing so they must (together with the CPS and the courts) decide whether you're driving 'carelessly' or 'dangerously'. If neither applies then your actions aren't illegal. (So a milkman who drives his float along the right-hand-side of a road, while making deliveries on a well-lit and otherwise deserted road early in the morning, ISN'T breaking the law).

Legislators have decided that using a hand-held mobile phone ALWAYS results in a loss of attention from a driver, and therefore decided to make it a specific offence. However it might be hard for them to list every possible action that might also result in a loss of attention. They'd need to include reaching for a cigarette packet, taking a cigarette from a packet, lighting a cigarette, unwrapping a confectionery bar, consuming a confectionery bar, opening a can of drink, drinking from a can, etc, etc, etc. The list would be almost endless. Further, they'd need to decide whether tuning a radio manually to find a station would lead to a loss of appropriate attention, whereas simply pressing a 'scan' button might not.

[jno]

here you go, agchristie

http://www.dlf-data.org.uk/product.php?product_id=0007466&groupid=1691

[agchristie]

Jno - bingo!

[kylesmum]

Thank you Chris !

I agree ...it seems pedantic but anything which distracts you from the road ahead should be seen as an offence.

I wonder if (please don't anyone take offence) people who do smoke, unravel sweets, change channels/cd/s etc whilst driving would feel the same if someone battered into their car whilst carrying out an completely fruitless op?

As an addendum...nothing to do with this thread at all really but just to show just how distractions can have such a profound affect.

My elderly parents stopped last week (the high winds time) as there was a huge branch in the road...a Council *Lorry* drove into the back of their car...at full speed.He was watching the tree as he thought it was coming down and didn't see my parents car.

It was a year old and is written off.Thankfully my Mum and Dad weren't and apart from severe shock they're remarkable...but then they have a remarkable daughter who has taken everything from them ;)

The drivers excuse....'I was watching the trees'

In fairness Mum and Dad are vexed about him as accidents do happens and they know he'll be in trouble.

Just a wee tale to tell about a week in my life...aren't we lucky ? :)

[kylesmum]

Ooops sorry...catching up with you all and appreciate your posts... I was distracted there ;)

[kylesmum]

Prudie...gotcha...had included that without reading your post...totally with ya !!

I'll be back ...

[ummmm]

My and my 4 year old were knocked over by a man on his mobile, he didn't notice the red light.

It's painful but taught me a valuable lesson.

[ummmm]

*me...doh