e85 cup holders
- Thread starter gov
- Start date
Liverpool
Is this a specific law, or are you just assuming it's illegal to take a drink out of them as you could be said to not be in full control of the vehicle?pvr said:
If the latter, then moving your hand to pull the sun visor down, or to change gear, or to scratch your nose will also be illegal
pvr said:
Seriously don't bother, the law can be interpreted in many crazy ways and yes I don't doubt there are a FEW cases where the extreme interpretations of the law have been implemented. Technically fiddling with the radio or anything that distracts you could be classed the same but we all do that as well. If your swerving on the road and your clearly not paying attention then yeah your gonna attract attention.
Anyway, this a ridiculous argument, if your worried about getting 'done' for drinking coffee while your driving then your life's far too straightforward
Oh and it's not illegal by the way as there is no law, the Cup Holder Act, unlike mobile phones where there is a specific law against it.
Ok so illegal suggests there is a law that' has a specific offence attached to it, such as using a mobile phone, there's an act governing this. There is no law that says cup holders are illegal, so the use of one holds no offence as such.
The law is basically driving without due care and attention, can be interpreted in many different ways. If your supping your beverage whilst driving, regardless of having a cup holder or not, and it makes you drive without due care then there is a potential offence. The same as if fiddling with your radio or anything else which takes your attention from the road and makes you drive eratically can be driving without due care.
Long and short, if you sup your drink in a manner which doesn't affect your driving ie. when at a stop at traffic lights, not affecting your control of the vehicle, you have no problem. Otherwise there would be smokers/drinkers/eaters gettin pulled every other minute. As always, discretion rules with police, drive sensibly and with common sense and respect for other road users, you have no problems.
The law is basically driving without due care and attention, can be interpreted in many different ways. If your supping your beverage whilst driving, regardless of having a cup holder or not, and it makes you drive without due care then there is a potential offence. The same as if fiddling with your radio or anything else which takes your attention from the road and makes you drive eratically can be driving without due care.
Long and short, if you sup your drink in a manner which doesn't affect your driving ie. when at a stop at traffic lights, not affecting your control of the vehicle, you have no problem. Otherwise there would be smokers/drinkers/eaters gettin pulled every other minute. As always, discretion rules with police, drive sensibly and with common sense and respect for other road users, you have no problems.
Illegal doesn't mean that there has to be a specific law against it.
There are three types of law; common law, statutory law and case law.
Statutory law is stuff like the Road Traffic Act, which can cover specifics like using mobile phones whilst driving, speeding etc etc
Common law isn't written down. Did you know that murder isn't actually covered under statutory law (at least it wasn't when I got my law degree).
Case law is where things can get tricky. If a judge's interpretation of statutory law sets a precedent, e.g. Drinking from a cup whilst driving is dangerous..... that sets a precedent for future cases where someone gets caught drinking coffee at the wheel.
I've over simplified all of above to save typing pages and pages. Hope you get the drift.
I think pvr is simply saying that case law exists which would/could get you in trouble for actually drinking behind the wheel.
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There are three types of law; common law, statutory law and case law.
Statutory law is stuff like the Road Traffic Act, which can cover specifics like using mobile phones whilst driving, speeding etc etc
Common law isn't written down. Did you know that murder isn't actually covered under statutory law (at least it wasn't when I got my law degree).
Case law is where things can get tricky. If a judge's interpretation of statutory law sets a precedent, e.g. Drinking from a cup whilst driving is dangerous..... that sets a precedent for future cases where someone gets caught drinking coffee at the wheel.
I've over simplified all of above to save typing pages and pages. Hope you get the drift.
I think pvr is simply saying that case law exists which would/could get you in trouble for actually drinking behind the wheel.
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You'd think that, wouldn't you. But you'd be wrong - http://news.bbc.co.uk/1/hi/uk/774655.stm tells the story of somebody who was fined for exactly that, and has the quote: "Her Volkswagen Lupo was pulled to the side of the road in Chippenham, Wiltshire, by a policeman who spotted her taking a swig from a bottle of water as she waited at a set of traffic lights, it was reported. "AndyBeech said:
There was also the woman who was done for eating an apple while driving - http://www.dailymail.co.uk/news/article-335291/Pipped-Woman-driver-fined-eating-apple.html.
Definitely cases of overly officious policing, but it can happen.
The Crown Prosecution Service are a bit more sensible with their "Guidance on Charging Offences arising from Driving Incidents" which is available online at http://www.cps.gov.uk/legal/p_to_r/...guidance_on_prosecuting_cases_of_bad_driving/.
I mentioned in a previous post, there would be a FEW exceptions to the rule....and there's two examples, one from 2000 and the other from 2005. One did not even mention the outcome of the court case.
My point is, when everyone here probably speeds to some extent on a daily basis, I would be far more worried about that if your going to worry about anything than the legalities of using cup holders or having a bite to eat!
My point is, when everyone here probably speeds to some extent on a daily basis, I would be far more worried about that if your going to worry about anything than the legalities of using cup holders or having a bite to eat!