Using a mobile phone in a car

  WhiteTruckMan 22:03 14 Mar 08
Locked

As I was going about my usual stuff in my truck today, I was driving along a dual carriageway and happened to glance downwards at the car at the side of me. I saw that the person in the front passenger seat was having what looked like a deep conversation on a mobile phone (deep as in lots of arm waving and hand gestures etc). Nothing wrong with that I thought, except that afterwards it struck me that it was a driving school car, and it looked in my opinion to be driven by a learner. Now I know the driver wasnt on the phone, but surely the instructor as the responsible driver shouldnt have been either? I dont just mean morally, I mean legally. After all, if the student commits a traffic offence, i.e. speeding, I believe the instructor is equally liable. But does it apply here, with a mobile phone?

Opinion, anyone?

WTM

  Bingalau 22:15 14 Mar 08

Maybe the person driving wasn't a learner. In which case. Is there a problem? Personally I don't think the passenger should have been waving his arms about, as it could be very distracting to the driver. Maybe the instructor was driving? Who knows?

  rdave13 22:19 14 Mar 08

In a Driving School car then the instructor is totally in charge of that vehicle (dual controls), with the student driving under instructions. Believe that the tutor would be totally liable if anything happened legally and insurance wise.
Unless someone knows better..

  WhiteTruckMan 22:21 14 Mar 08

wasnt doing so in a confidence inspiring manner. But to be fair, you can say that about many alledgedly competant drivers.

Nevertheless my question still stands. If it helps, treat it as a hypothetical one. I merely mentioned what prompted me to ask, for illustation purposes.

WTM

  Bingalau 22:29 14 Mar 08

I know we have a couple of driving instructors or even ex-driving instructors on here. If he was the instructor then I would say he was doing something unlawful. He would cetainly be neglecting his job and putting his pupil in danger.

I remember during one of my lessons last year, my instructor had a full blown argument with his water supplier in the middle of my lesson. I just kept on driving

  Forum Editor 23:08 14 Mar 08

state that the driver of a vehicle is legally responsible for any traffic offences which occur, and this applies equally to a learner driver under instruction. A driving instructor is not equally liable.

If a driver under instruction is convicted of an offence, and he/she believes that a driving instructor's negligence was in some way a contributory factor it would be open to the driver to take a civil action against the instructor.

  rdave13 23:25 14 Mar 08

That's it for me. Next job driving instructor with no responsibility... Woopiee.
If I'd known that I'd have become one of the 'Carry One' type instructor and had a great time doing ..err .. something and best of all not being responsible of doing it.

  rdave13 23:26 14 Mar 08

'Carry On' as an edit to last post.

  Stuartli 23:59 14 Mar 08

At least one driving instructor has faced the wrath of a court for using a mobile phone whilst conducting a lesson. See:

click here

  Forum Editor 00:05 15 Mar 08

I think you'll find that the driving instructor involved in that case was behind the wheel at the time.

This thread is now locked and can not be replied to.

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