Filmed this tonight - absolutely disgusted!

Holly Hocks said:
The driver of the car you were filming faces a small fine for not using a seatbelt for their child - you on the other hand face being prosecuted for driving without due care and attention. You have already stated that you didn't film it in order to report it to the police, so I'm afraid what you have done is no worse than the driver in front. If a child had run out in front of your car while you were filming, your attention would not have been fully on the road.
OP, I know your intentions were good, but legally what you have done is just as bad as the driver in front.
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wow seriously I was watching the road the whole time! I had both hands on the wheel, holding the phone with with two fingers. I have already said i wasnt watching the phone screen with filming, i was WATCHING WHERE I WAS GOING.
 
Paint Me Proud said:
wow seriously I was watching the road the whole time! I had both hands on the wheel, holding the phone with with two fingers. I have already said i wasnt watching the phone screen with filming, i was WATCHING WHERE I WAS GOING.
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Yes, but I am talking about legally and the worst case scenario.....I understand why you did it, but in the eyes of the law, what you did was wrong (I'm not saying I agree with the law by the way, just pointing out the "what ifs")
 
Holly Hocks said:
Yes, but I am talking about legally and the worst case scenario.....I understand why you did it, but in the eyes of the law, what you did was wrong (I'm not saying I agree with the law by the way, just pointing out the "what ifs")
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perhaps I should have just said a passenger filmed it over my shoulder? ;)
 
It depends.
Some police officers still have common sense and would see you were driving slow and attempting to make them aware of idiot parent.
A while back my mum and dad witnessed a hit and run. Mum jumped out of car to help and dad drove after it filming it to get reg ect and then phoned police.
Luckily the lady who was hit wasn't seriously injured and the driver of the car turned out to be a drunk disqualified driver.
The CPS and the police decided that it was not in the publics interest to charge Pops with anything. I think that was more down to the police officers TBH as they were very supportive of him and they had been after the driver for a while.
I suppose it depends on evidence and the cost of following up.
 
I was once driving down the motorway in the inside lane (cos I'm a bit of a wuss when it comes to motorways)Anyway the car in front starts swerving side to side so I pull out to over take thinking that it's a drunken idiot and look to my left so I can have a nosey and its a woman breastfeeding her baby whilst doing 70 on the motorway!!! Needless to say I called the police! People scare me!!!
 
Paint Me Proud said:
wow seriously I was watching the road the whole time! I had both hands on the wheel, holding the phone with with two fingers. I have already said i wasnt watching the phone screen with filming, i was WATCHING WHERE I WAS GOING.
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Do you think that would be an adequate legal defence? Anyone using a phone when driving could say the same thing, but it is still illegal.

You think that the parents you witnessed behaved irresponsibly by letting their kid run around in the back of the car - and I don't disagree with you. But by driving without due care and attention by using your phone, you could have been the irresponsible driver that ran into the back of them and hurt their child.
 
You could either report the driver to the police by giving them the reg number and explaining what you saw (and not mentioning the video) or you could say the passenger filmed the video :)

It might just be that a PSCO will go and have a word with the parents but at least hopefully that will make them more responsible in future (and you have already been told off enough for filming when driving!)
 
Much as I hate to say it, I would leave well alone now; the law stinks in this country;

But thats nothing compared with the way the travellers around us are; Kids never sit it the back, never have belts on and a lot of them drive on the roads as soon as they can reach the pedals!
 
Once the evidence is up on the net, anyone can report it to the police, so no need for you to worry about getting prosecuted for using your phone while driving.

Good work, the thing that surprises me is how there are not much more fatal road accidents when you see this kind of thing on a regular basis!
 
Paint Me Proud said:
perhaps I should have just said a passenger filmed it over my shoulder? ;)
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LOL........I have been thinking all the way through the thread 'why was she so honest?' I can't believe you left yourself wide open for that critisism. I can't watch the vid but get the gist of it and I see it all the time, it is so dangerous. Tbh, when I am sat behind someone who allows their children to be all over the car I doubt I am paying attention to the road because I am too busy fuming. I would definitely report it, send an email with a link to You Tube to your local force.
 
patseyr said:
Once the evidence is up on the net, anyone can report it to the police, so no need for you to worry about getting prosecuted for using your phone while driving.
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Apart from the fact that this whole discussion, the footage and the link to it on YouTube has been placed on a section of this forum that is totally public and viewable by anyone, including the police and the people you filmed and you have identified them effectively by showing their car registration number. OP that would be my other worry for you if they're not nice folks, not that they'd necessarily be able to identify you in return from your member name and details on here but you never know.

OP I'm not surprised you filmed it but it should have been just a thing between you and the local police I think. Unfortunately on here you've given more information away than you needed to about the incident if you'd just gone and reported it to the police straightaway.
 
Haven't read all of the replies, but do the police have to be told YOU were holding the phone whilst driving? Say, maybe you clipped it into the hands-free holder on the dash board, and just pointed it forwards??
 
Am I the only person that thinks if you have an issue with other peoples behaviour, then either phone the police it, film it and hand it to the police - or dont do it.

Uploading to youtube and then posting on a forum about it without reporting it seems very odd way of trying to protect the children/address the behaviour, just a form of gossiping about how awful other people are and how bad parents they are?

If the behaviour you see is so wrong, film AND report it. If its not, keep driving and leave the camera in the glovebox as there are rules about filming people without their knowledge esp children...

I might be the only one tho....:-)
 
Kat said:
OP given that you have admitted to a crime it might be wise to ask tfc to remove this thread.
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dont see why I need to do that. I could tell you I've broken into and burgled six houses in the local area. Just because I say that doesnt actually mean it's true! ;)

As for those getting all wound up about it being filmed.....get a grip!

I witness a clear crime, take my initiative to have it recorded (very briefly at very low speed!) and then get shot down in flames for 'gossiping' and driving carelessly.

Next time i see someone breaking the law then I think i'll just ignore it and let the world go to s**t
 
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lachlanandmarcus said:
Am I the only person that thinks if you have an issue with other peoples behaviour, then either phone the police it, film it and hand it to the police - or dont do it.

Uploading to youtube and then posting on a forum about it without reporting it seems very odd way of trying to protect the children/address the behaviour, just a form of gossiping about how awful other people are and how bad parents they are?

I might be the only one tho....:-)
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No, you're not the only one.

Paint Me Proud said:
dont see why I need to do that. I could tell you I've broken into and burgled six houses in the local area. Just because I say that doesnt actually mean it's true! ;)

As for those getting all wound up about it being filmed.....get a grip!
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Nice to know you feel the law applies to everyone else but you then :confused:

You really do like filming other people don't you - the field situation was strange enough.

Seen your edit - What do you think putting that video on a public horsey forum is going to achieve?
 
rhino said:
Nice to know you feel the law applies to everyone else but you then :confused:

You really do like filming other people don't you - the field situation was strange enough.
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lol, other people on this thread have already said they have done similar when witnessing a crime.

No, i hate videoing people actually.
 
PMP - Do not take any notice...I think you did the right thing and sometimes people on here just want to have a pick...they are bored so they look for a thread where they can have a pop.

I would ask for the thread to be removed now...you may as well...you did your duty filming it...probably best you dont end up in any trouble whilst you were trying to do the right thing.

Chin up hun!
 
rhino said:
And then taken the footage directly to the police? I have done that. I don't believe in 'trial by youtube' though :)
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well perhaps I am an incredibly shy person who would have a panic attack going to the police so was hoping making it public would raise awareness.
 
Parker79 said:
PMP - Do not take any notice...I think you did the right thing and sometimes people on here just want to have a pick...they are bored so they look for a thread where they can have a pop.

I would ask for the thread to be removed now...you may as well...you did your duty filming it...probably best you dont end up in any trouble whilst you were trying to do the right thing.

Chin up hun!
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Thanks xx :)
 
Parker79 said:
PMP - Do not take any notice...I think you did the right thing and sometimes people on here just want to have a pick...they are bored so they look for a thread where they can have a pop.

I would ask for the thread to be removed now...you may as well...you did your duty filming it...probably best you dont end up in any trouble whilst you were trying to do the right thing.

Chin up hun!
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I dont' think anyone was having a "pop". Just pointing out that the OP shouldn't have filmed what she did, whilst in control of a motor vehicle - whether that be moving at speed, or sitting stationary at traffic lights. Similar to the fact that you don't actually have to be driving a vehicle when under the influence of alcohol - simply being behind the wheel and under the influence is enough for a conviction in the eyes of the law. If the OP had hit a child which had run out, regardless of whether she says she was in full control of the vehicle, the phone would have been seized, analysed and when it was established that filming was going on at the time of any collision or immediately before, the consequences in court would have been far more serious. Nobody is saying that the car driver being filmed was not doing anything wrong, but I have in the past followed a driver on the motorway who was driving erratically. I didn't film them - strangely that never crossed my mind. I phoned the police, the driver was stopped at the next services and was arrested after being found to be driving under the influence of alcohol.
 
i have just checked on the government website and the law for using a mobile phone whilst driving appears not to extend to filiming or taking photos.
It states -
While driving, you must not use your hand-held mobile phone, smartphone or PDA:
to make or receive calls
to send or receive picture and text messages
to access the internet
when you're stopped at traffic lights
when you're queuing in traffic

Bizarrely it seems you can take video or stills as long as you arent actually sending or receiving them via email or text.

The legislation appear to apply to communication devices that are being used to communicate, be it live conversation, text or internet. I have just read several websites are no where does it state that capturing video or still images falls under that legislation as they are not forms of communication there and then.
It appears you would only be fined for using a camera etc if it could be explicitly proved you were driving without due care and attention, and i would imagine that would have to be witnessed by police and dealt with there and then, but it does not fall under the phone ban.
 
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Paint Me Proud said:
i have just checked on the government website and the law for using a mobile phone whilst driving appears not to extend to filiming or taking photos.
It states -
While driving, you must not use your hand-held mobile phone, smartphone or PDA:
to make or receive calls
to send or receive picture and text messages
to access the internet
when you're stopped at traffic lights
when you're queuing in traffic

Bizarrely it seems you can take video or stills as long as you arent actually sending or receiving them via email or text.
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If you are taking video or photos you wouldn't be prosecuted just for using a mobile phone - ie points on licence and minor fine - you would be prosecuted for driving without due care and attention.
 
Holly Hocks said:
If you are taking video or photos you wouldn't be prosecuted just for using a mobile phone - ie points on licence and minor fine - you would be prosecuted for driving without due care and attention.
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it would only fall under careless driving and would only see the same punishment as mobile phone use (a couple points and small fine). But to put that in perspective, selecting and lighting a cigarette whilst driving would result in the same punishment.

EDIT - I'm getting really into this now, the law is interesting!
The Crown Prosecution Service states -
In the absence of any explanation by the defendant, if the only conclusion which is possible to draw is that the defendant was negligent or had departed from what a reasonably prudent and confident driver would have done in the circumstances, a court should convict.

Hmmm, i think i'm safe ;)
 
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Paint Me Proud said:
it would only fall under careless driving and would only see the same punishment as mobile phone use (a couple points and small fine). But to put that in perspective, selecting and lighting a cigarette whilst driving would result in the same punishment.

EDIT - I'm getting really into this now, the law is interesting!
The Crown Prosecution Service states -
In the absence of any explanation by the defendant, if the only conclusion which is possible to draw is that the defendant was negligent or had departed from what a reasonably prudent and confident driver would have done in the circumstances, a court should convict.

Hmmm, i think i'm safe ;)
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The penalties for careless driving are
fine, obligatory penalty points of between 3 – 9 and the court has a power to disqualify at it’s discretion...

I think they would quite likely prosecute TBH. You couldnt claim you were doing it in the public interest as you havent reported the incident, just trial by youtube
 
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