Driving laws can be obscure and largely unknown, and one woman managed to talk her way out of a six month ban after she noticed and took advantage of a legal loophole
A woman who was caught using her phone while driving has managed to work her way out of a six-month ban by using a clever legal loophole.
According to the Government website “it’s illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle.” The severity of the punishment if caught varies, but mostly guilty drivers can get six penalty points and a £200 fine if they hold and use a phone, sat nav, tablet, or any device that can send and receive data while driving.
This woman was forced to appear in court after authorities thought she was displaying dangerous driving due to mobile phone usage. However the woman, who has kept her identity hidden, was faced with points and a lengthy six month driving ban, but managed to worm her way out with a lesser-known clause in the law.
She was at risk of a six month ban due to having a number of points already on her licence, and another six would have pushed her over the edge. But, she admitted to using a mobile phone before judge Desmond Zaidan let her off at Athy District Court.
The so-called loophole, highlighted by The Irish Times, is section 2.8 of the Road Traffic Act 2002. In layman’s terms, section 2.8 claims where a person admits or is convicted of a penalty points offence, and an ‘ancillary disqualification’ order is made. Meaning those penalty points will not be endorsed on the person’s licence.
This loophole will be revised and closed in the provisions process of the Road Traffic act 2024, but this is yet to be commenced. It seems this is not the first time the judge has been lenient, as he is said to have granted numerous similar applications brought by solicitor Tim Kennelly.
Driving laws can catch many out, especially when it comes to mobile phone use. The Government opened the phone umbrella to include smart watches, meaning they cannot be looked at or used during driving.
In terms of using phones, many get caught out in the drive thru. Currently, the law allows users to pay with their phones while stationary, but if you’re caught answering messages, changing songs or doing anything else, you could be slapped with a hefty fine and points.
But weird laws don’t stop with phones, driving with loud music could break rule 148 of the Highway Code, or even using your horn between 11.30pm and 7.00am in built up areas, as long as it’s not to warn other drivers.
Splashing pedestrians on a rainy day can also get you nicked, as well as not clearing enough snow from your roof before you set off in the mornings. The law warns drivers to also keep rude gestures to themselves, to cover any “disorderly conduct.”
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