Big Tone wrote:
RobinXe wrote:
The specific mobile phone legislation effectively limits the scope of these punishments in practical use, so you won't see the most dangerous user punished any more harshly than the non-dangerous user.
How does it limit

It doesn’t
replace DD or DWDC it is an addition, hopefully to prevent the occurrence of DD or DWDC. If you plough into a line of school kids because you were yabbering on the mob and lost control you wouldn’t just get done for mobile phone use so I’m afraid you’ve lost me there

The most dangerous
will feel the full weight of the law.
I thought you were concerned with preventative measures, not throwing the book at someone after the damage has been done.
The legislation
effectively limits by its application; if someone is seen on their mobile no further assessment or evidence gathering is required, the charge with the negligible burden of proof can be applied, with virtually zero chance of a defence, hence 3 points and £60 for any of the drivers in my example.
Big Tone wrote:
RobinXe wrote:
Now I've heard the claims that a specific law sends a stronger message, but how do we think this message reaches the man on the street? Is your common-or-garden motorists a keen reader of Hansard? Of course not, the message arrives mainly through the media
You wouldn’t get through a driving test, especially today's theory part, without being quite literate. Your “keen reader of Hansard?” is as emotive as my earlier “think of the men, women and children” which Mole thrashed me to within an inch of my life for earlier. (Tell him Mole, fair's fair.

).
RobinXe wrote:
If the message were about the police being instructed to clamp down on mobile phone use would that message fail to get through because it's about rigorous enforcement of an existing law rather than a new one? Of course not
I’ve already answered that one, or so I thought. Before the law was introduced, if the police were all told they had to clamp down on it you are very much leaving it to the grapevine and you’re going to get people pleading ignorance. “Oh sorry officer, I really had no idea”. But who doesn’t know they shouldn’t do it today? Very few I would have thought because there is a specific law now. I don’t think there’s a motorist out there who would have the audacity to use ignorance as an excuse.
You have misunderstood me, I was referring to the message arriving through the same channels, and reaching the same audience, but with different content, that being that police were clamping down on mobile phone use using existing, broad and proportionate, powers, rather than it's easier to punish you for mobile phone use now, by virtue of "law lite", but don't worry, you can still do it several times before you risk losing your licence.
As far as reading Hansard being emotional, only if that emotion is boredom.
Big Tone wrote:
RobinXe wrote:
What the pre-existing legislation did offer was the opportunity for those who were using their mobiles completely safely, albeit whilst sitting in the driver's seat of a car, to defend themselves.
Yes, my earlier point about a blunt instrument which needs refining. If she’s stuck on the M6 Southbound in gridlocked traffic she should be able to pick up the phone and call base to say she’s going to be late. I’ve done it myself but these days I do it using a hands-free. What’s wrong with that?
...
Here’s the thing.. I can’t think of many laws, (or any), which when brought in isn’t either blunt, inevitably objectionable, persecutes many, or does not undergo ‘growing pains’.
The start was already in place. Come on Tone, I know you're capable of understanding this! What we have in the specific legislation is a step
away from justice.
Had the authorities wanted to make it easier to deal with mobile phone use there is no reason why they couldn't have started issuing conditional offers to those collared on the phone, I'm sure many would have copped to it just fine. You would have a situation which was
de facto very similar to that which we have today, with one significant difference; those who were using their phone under completely safe circumstances would have a chance to defend themselves from having done anything against the interests of society (laws having to be "for the greater good", remember) rather than being guilty by dint of holding the phone whilst in their car, troubling nobody.
Try thinking of it this way: We desire to punish bad driving, such that people are made aware of their bad driving, and are disincentivised from repeating it, whilst others are dissuaded from emulating their actions. Using a mobile whilst sat in the driver’s seat of a running vehicle is not bad driving. It may be a factor contributing to bad driving under certain circumstances, but the aspect we really want to punish is the mind-set that thought it was ok to introduce another distraction to the driving task under those circumstances.
Big Tone wrote:
Out of curiosity, do you wear a seat belt Robin? If so, why? You’re a good driver with an accident-free record spanning years and, without giving anything away I hope, you're skillfull in the air too

So why wear it? Well I’m guessing it’s either because it was made law but you might also say “well yes but it’s because there’s a minority of fools out there who could hit me!”
I wear a seatbelt for the same reason I have comprehensive insurance, it costs very little to me, but provides a lot in the way of mitigation, should the worst happen.
Big Tone wrote:
How are my arguing skills coming on btw?

Well, if you really want a critique, you do seem to be taking things a bit personally; try to think back to your old boys in the pub.
Comprehension could use some work, but I appreciate that this is a topic you feel strongly about, and so it is somewhat understandable that you'd think you've read something that surprises/outrages you and rush to post without getting the point.
In conclusion, I do understand your point, but I do not agree that the specific legislation was a step in the right direction, from a perfectly good start point already enshrined in law. I don't care about being restricted in using a handheld phone, I don't anyway, what I care about is that laws are applied in the interests of society and of justice. Nobody (except weepej's Bureau of Pre-Crime) could argue that punishing someone for using their phone during a stationary period is in the interests of society, yet this is what the specific legislation mandates, to an equal degree as someone who uses theirs whilst driving past a school at kicking-out time, which flies in the face of the principle of justice.