A driving instructor has been convicted of using his hand-held mobile phone as he supervised a learner from the passenger seat.
Kishore Kumar, of Goodhall Close, Stanmore, had his driving licence endorsed with 6 penalty points and was ordered to pay a total of £605 to the court. Unfortunately, given the brief reporting of this case (e.g. a tweet by the police), we cannot provide a more detailed breakdown of the fine, prosecution costs and victim surcharge.
The case was heard at Uxbridge Magistrates' Court on Friday, 14th December 2018.
The Road Vehicles (Construction and Use) Regulations 1986, as amended by The Road Vehicles (Construction and Use)(Amendment)(No. 4) Regulations 2003, prohibits the use of a hand-held mobile telephone or other interactive communications device by anyone who is driving or supervising a driver under instruction.
Section 41D(b) of the Road Traffic Act 1988, under which Kumar was prosecuted, makes it an offence for anyone to contravene the previously mentioned construction and use regulation.
The way the legislation is written anyone giving an informal driving lesson to a family member or friend could face prosecution if they are caught using their mobile from the passenger seat.
The Driver and Vehicle Standards Agency (DVSA), which registers Approved Driving Instructors, has previously written a blog on this very issue.
Jacqui Turland, DVSA registrar, said: "Using a hand-held mobile phone while carrying out instruction is illegal. As the accompanying driver, the instructor should be in control of the vehicle at all times.
"Anyone convicted will receive 6 penalty points, and at that point, I can consider removing their name from the register.
"As it’s illegal, doing this is also setting a terrible example to the drivers of tomorrow.
"It is also poor customer service to a learner who is paying for an instructor's time."
Bearing those comments in mind, it could be that Kumar has more to worry about than the endorsement of his driving licence.
No comments:
Post a Comment