Did you know that you could be prosecuted for failure to wear sunglasses when driving in some situations? Or that you could be successfully convicted of careless driving by glugging from a bottle of water when on the go? Or that adjusting your convertible roof when driving could in fact distract other road users and lead to a prosecution? Motoring Offence Lawyer Jeanette Miller has the following advice to staying safe on the roads this summer!
Did You Know?
1.Is it law to wear sunglasses while driving in sunny weather?
It isn’t mandatory to wear sunglasses when it is sunny but failure to wear sunglasses could result in a prosecution for careless driving in some situations. Rule 237 of the Highway Code deals with driving in hot weather and states "If you are dazzled by bright sunlight, slow down and if necessary, stop." Careless driving carries between 3-9 penalty points and a hefty fine if convicted but that may not be the only consequence of failing to wear your sunglasses behind the wheel on a sunny day. If you have an accident that causes damage to another person or property because you were blinded by the sunshine and were not wearing glasses, you will almost definitely be liable to pay compensation through the civil courts. Our advice is to get some glasses, even if the sun only shines for one month of the year!
Make sure you have plenty of refreshments before you set off on that journey when it is sunny because you could find that you get done for an offence even if you’re only drinking water
2.Can I operate my convertible roof while driving?
The main test would primarily depend on how much the operation of the roof would distract your attention from the road.
The Road Traffic Highway Code also says that "Using hands free equipment is also likely to distract your attention from the road." It goes on to say "There is a danger of driver distraction being caused by in-vehicle systems such as route guidance and navigation systems - do not operate, adjust or view any such system if it will distract your attention from driving."
There is also an implication of how adjusting your convertible roof would distract other road users. A driver is distracted when they pay attention to a second activity while driving, especially if the second activity is time consuming or complex. Distractions can be caused by the driver themselves when they carry out a distracting activity. Passengers and technology inside the vehicle can also provide distractions. Outside the vehicle the driver may be distracted by unimportant events or objects, or when another person does something unusual.
Distracted drivers could be charged with a range of offences, Dangerous Driving, Careless and Inconsiderate Driving, Failure to Be In Proper Control of the Vehicle, or Driving Without Due Care and Attention depending on how badly the distraction affected their driving.
3.Can a UK licence be affected by a speeding violation when on holiday?
The UK has what is called a Mutual Recognition Agreement in place with the majority of the European Community. This means that drivers with licences issued in any of these countries can drive in the countries acknowledged by the agreement. This also means that offences committed in these countries can be recorded on your driving licence.
Whilst other countries do not have the power to endorse your licence with any penalty points, they do have the power to disqualify you from driving but this would be unlikely unless you are a resident in the country due to the time it would take to summon you to court.
Any offences committed whilst in a European country will be recorded on your driving licence. The mutual recognition scheme also says that countries should share information with each other about residents and their driving history. So if travelling from one country to another, applying for citizenship or a driving licence in a different country, your country of origin should be disclosing all of this information meaning that any endorsements or disqualifications will be considered. There are still some problems with the scheme due to the differing levels of efficiency of the DVLA or European authority that is required to share the information. Our advice is to drive responsibly wherever you are as many of the European holiday destinations have much worse penalties for driving offences than us in the UK!
There is no such agreement with countries outside of Europe so in USA, for example, your licence would not be affected by a speeding offence but you would be required to pay whatever fine they seek to impose.
4.Is it an offence to drink a soft drink while driving?
Make sure you have plenty of refreshments before you set off on that journey when it is sunny because you could find that you get done for an offence even if you’re only drinking water! You wouldn’t be facing a drink driving arrest of course, but possibly a driving without due care charge if caught with your hand on a bottle rather than the wheel! You could be successfully convicted of Careless Driving as a "reasonable and competent" driver may not be glugging a bottle of water and drive when their ability to do so is impaired. The test for this is quite wide as it depends on the circumstances of the individual case and what this so-called "reasonable and competent" driver would do.
In 2001, Jeanette Miller became one of the youngest Managing Partners of a solicitor’s firm in the UK, JS Miller Solicitors, at just 28 years of age. She is now renowned as one of the best motor offence solicitors in the country with the ethos of offering all of her clients a "Roll’s Royce service, without the designer price tag." motoroffence.co.uk
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