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The Road Vehicles (Construction and Use) (Amendment) (No 4) Regulations 2003 came into force on 1 December 2003. They amend the Road Vehicles (Construction and Use) Regulations 1986, by inserting Regulation 110 into the constructions and use regulations. Regulation 110 creates an offence for anyone who is using a mobile phone for the purposes of making or receiving a call or for some other interactive communication.
Ramsey Barreto had been caught by police filming a car accident whilst slowly driving past and was convicted by the Magistrates' Court. He appealed to the Crown Court earlier this year on the basis that the meaning of Regulation 110 (i.e. the 'interactive communication') does not prohibit all forms of mobile use whilst driving and instead, it was intended to prohibit drivers from texting, calling, and using the internet. Therefore the use of a camera is not an 'interactive communication' so there was no offence committed.
The Crown Court agreed and overturned the conviction and the Director of Public Prosecutions appealed that decision. The High Court has dismissed the DPP's appeal holding that the Crown Court was right to overturn the conviction. The High Court made it clear that this did not mean that Mr Barreto could not have committed another type of offence, such as careless or dangerous driving - so it isn't a blanket right to use your phone whilst filming.
I wouldn't ordinarily link to the Daily Mail due to their poor articles but it seems like they are the only site at the moment who have provided a substantial article. Of course I'll update the link to a more respectable website once one becomes available
Link to article
Link to judgment
Ramsey Barreto had been caught by police filming a car accident whilst slowly driving past and was convicted by the Magistrates' Court. He appealed to the Crown Court earlier this year on the basis that the meaning of Regulation 110 (i.e. the 'interactive communication') does not prohibit all forms of mobile use whilst driving and instead, it was intended to prohibit drivers from texting, calling, and using the internet. Therefore the use of a camera is not an 'interactive communication' so there was no offence committed.
The Crown Court agreed and overturned the conviction and the Director of Public Prosecutions appealed that decision. The High Court has dismissed the DPP's appeal holding that the Crown Court was right to overturn the conviction. The High Court made it clear that this did not mean that Mr Barreto could not have committed another type of offence, such as careless or dangerous driving - so it isn't a blanket right to use your phone whilst filming.
I wouldn't ordinarily link to the Daily Mail due to their poor articles but it seems like they are the only site at the moment who have provided a substantial article. Of course I'll update the link to a more respectable website once one becomes available
Link to article
Link to judgment
