Television apparatus S109., See BBC article. Options

[Darkatmosphere]

https://www.bbc.co.uk/news/uk-england-suffolk-46809697


http://www.legislation.gov.uk/uksi/1986/10...lation/109/made

So, the driver got pulled for watching youtube and was issued a ticket for S109 road vehicle reg act.

Does an LED screen on a mobile phone fall into this category. As part two of the act clear state:


(2) In this regulation “television receiving apparatus” means any cathode ray tube carried on a vehicle and on which there can be displayed an image derived from a television broadcast, a recording or a camera or computer

The act makes no mention of "or use of a mobile phone device to receive recorded or live images".

I thought S104 of the act would have been a safer bet seeing as it was mounted on the screen infront of him, and causing a distraction.

This post has been edited by Darkatmosphere: Sat, 12 Jan 2019 - 22:01

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[Half_way]

.He was reported for "using a motor vehicle when television receiving apparatus was visible to the driver"

If a mobile phone screen ( smart phone) , or any other such screen ( ie one built into a vehicle with car play/android auto compatibility) is seen/interpreted as being "television receiving equipment" then that could potentially cause issues for most modern vehicles ( especially something like a Tesla with its huge dash/screen) , most newer in car radios ( with android auto/car play) and any phone secured hands free in a cradle.

Back in 1986, Cathode ray tubes were the only realistic way to display moving images/video etc, as LCD was in its infancy, and technologys that we find in modern mobile phones/in car entertainment/information systems were either science fiction, or unheard of.

It could also be seen either that technology has moved on, and legislation has failed to keep up, or technology has been installed into vehicles that doesn't comply with legislation.

[typefish]

The reg actually refers not to cinematography but to "cinematographic apparatus", which covers both filming and projection, and could (perhaps) be interpreted to cover mobile phones.

Is a picture frame "photographic apparatus"?

Do you also have anything to cite that something that is defined as the "recording of motion pictures, by means of either light or electromagnetic radiation" is equally the same as emitting light?

(Unless your citation is that mobile phones of nowadays now have the ability to record video, thus, you'd not be able to use a hands free device if it had a CCD in it)

Because I've never known a projector to be able to record anything you shine into the lens.

This post has been edited by typefish: Sun, 13 Jan 2019 - 17:11

[Spandex]

Well, photographic paper is what you print and display photographs on. So I’m going to say whilst photography refers to the capture of images, ‘photographic’ can refer to anything associated with the capture or display of images.

Equally, I’ve seen reference to ‘cinematographic projection’, which would imply ‘cinematographic’ covers the display of moving pictures.

Ad to this the fact that the legislation says “other cinematographic apparatus used to display anything other than information”. The fact that it refers to cinematographic apparatus used to display would seem to imply that it was not meant to cover cameras. Otherwise it would seem to be a strange thing to single out - “we’re ok with video displays as long as they’re not CRTs or attached to cameras”.

This post has been edited by Spandex: Sun, 13 Jan 2019 - 21:58

[Steve_999]

.He was reported for "using a motor vehicle when television receiving apparatus was visible to the driver"

If a mobile phone screen ( smart phone) , or any other such screen ( ie one built into a vehicle with car play/android auto compatibility) is seen/interpreted as being "television receiving equipment" then that could potentially cause issues for most modern vehicles ( especially something like a Tesla with its huge dash/screen) , most newer in car radios ( with android auto/car play) and any phone secured hands free in a cradle.

Back in 1986, Cathode ray tubes were the only realistic way to display moving images/video etc, as LCD was in its infancy, and technologys that we find in modern mobile phones/in car entertainment/information systems were either science fiction, or unheard of.

It could also be seen either that technology has moved on, and legislation has failed to keep up, or technology has been installed into vehicles that doesn't comply with legislation.

No he wasn't.

You could have a 50" TV sitting on the passenger seat (assuming it could fit) and not commit an offence.

I suggest that you read the actual legislation rather than rely upon snippets of inaccurate information in posts.

[Sparxy]

Shame there isn't a "being so obviously stupid you deserve to be pulled" section, to be challenged in court if required.

I passed a car today in the late dusk who had decided to drive on sidelights. But he had swapped the sidelights for some bright blue ones. Some people are too stupid to have a driving licence.

And all the people that continue to use mobile phones whilst driving, drive in two lanes at once, drive with side lights and fog lights, or just fog lights, or no lights! The list goes on

This post has been edited by Sparxy: Mon, 14 Jan 2019 - 00:18

[Unzippy]

Shame there isn't a "being so obviously stupid you deserve to be pulled" section, to be challenged in court if required.

Isn't that called Driving without due care and attention - up to 9 points and £5k?