21 May 2014

A flaw in the law

While the new legislation applies only to texting and multi-media messaging, existing rules remain in place to prevent drivers from texting while driving. Hands-free kits or wireless Bluetooth connections are therefore all the more important for those who wish to take or make calls on the move.

Motorcheck.ie reports that almost a third (29 percent) of those surveyed in an online poll still don't have such a kit in their car. 39 percent said that they have had one and that it came as standard, while 32 percent paid extra to have such a system fitted as an option.

Michael Rochford says there remains the significant issue that the Governments new legislation covers only the sending of texting and multi-media messages (MMS). It seems it doesn't cover the use of other messaging and communication apps, something that is specifically mentioned on the Department of Transport's website: "This Regulation does not apply to the sending of messages via the internet (for example using Viber, Snapchat, WhatsApp, Twitter, Facebook, Facetime etc) or to access phone apps (including Hailo App) when a phone is not being held (i.e. when it is resting in a cradle). However, motorists are advised never to use their phones, or any other electronic devices, for any purpose while driving."

Motorcheck.ie say that's an omission that rather waters down the effect of the ruling on texting. After all, if the law says that on the one hand, texting is dangerous and slaps you with a €1,000 fine, but on the other says that it's fine to use Twitter (as long as the phone is in a cradle or holder) then drivers could be forgiven for feeling confused over the application of the law.

Motorcheck.ie is calling on the Government to give some clarity on recent 'texting' legislation when driving, and to state definitively whether the use of other communication apps while driving is as dangerous as texting, and whether or not the legislation will be amended to reflect this.