Evening All,

Sorry if this is in the wrong forum, can you move it to the correct one. I just wanted to know whats the current stance in regards to law, police, highway code "Drinking juice / water" while driving.

My father in law has called home today to say hes been done by the police for "Driving without due care and attention" after they caught him having a sip of his drink while driving in this heat. He's convinced they said they will take him to court however he misunderstands alot of the time so i wanted to see what the law is and peoples opinions. Hes worked himself up as he drives a truck and worried he will lose his job now.

I haven't seen him yet to question him but it would be nice to have some facts before i speak to him.

Cheers

Steve

Get your FiL to post himself, as chinese whispers never works and I am sure that there is more to this than him just taking a quick drink.

Eating and or drinking whilst driving could easily be DWDC.

As suggested above, he needs to post here himself.

If drinking could be DWDC then why do most vehicles have drink holders?

Same reason petrol stations sell alcohol.

Im sure there have been instances of folk getting " done" for things like eating an apple while driving.

I do "drink and drive" but only when it is quiet and there is no traffic around.

The fundamental is that doing anything other than holding the steering wheel and operating driving controls leave you exposed to driving without due care, so even turning the sound up on the radio is something that could be deemed a distraction. There have been plenty of accidents where the driver was not looking at the road for the vital split second, so the context is important.

The problem with having a drink in your hand is that in an emergency you have to get rid of it - a travel mug you can just drop, but last week I did see a lorry driver enjoying a mug of tea held in is right hand which made me wonder how he was going to get two hands on the wheel.

It depends on the scenario, but typically I'd expect there to have been some indication of lack of control to go with the stop that attracted the police attention. There is also an observation test that if he was stopped by a marked police car then doing anything other than driving on your Sunday best suggests a lack of awareness of what is going on around you.

The legislation for DWDCA says "A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver."

So no, it isn't illegal to have a drink while driving. However, a charge of DWDCA suggests that there is more to the story and his driving was in some way affected by the distraction.

Indeed, it is only usual for the Police to take action when there is some evidence the driving has actually been affected.

If taking a swig of water or eating when driving is considered DWDCA then what of smoking, how are either of those more of a risk then the act of fumbling to get a fag out of a packet and then setting fire to it ?

I'm no sure any are considered careless, without more. However, the object in question is pretty irrelevant.

Nobody says its illegal to eat/drink while driving- its subjective as to how you do it.

A sip of juice at traffic lights is no big deal, but a cup of tea on a winding country road would almost certainly be seen in a dim light.

Is It ? by whom ? whats the legal precedent for having one sugar as opposed to two ?

come the fook on people

By that notion breaking wind whilst driving and adjusting the position of ones buttocks will soon be construed as loss of control

Or the action is deemed to be so risky as to be worthy of prosecution without actual loss of control, e.g. reading a book, completing paperwork, steering with knees.

I guess the point is that the perception of driving is changing and the expertise required for a reasonable and competent driver is rising.

Rising due to increased traffic (both motor vehicles and bicycles/pedestrians)?

Not to mention sneezing...physically impossible to do without closing both eyes!!!

--Churchmouse

Really? One could argue the opposite with all these new driver aids:

http://www.bmw.com/com/en/insights/technol..._assistant.html

Regardless of increased technology, the fundamentals of driving are more complex, mainly due to increased traffic, driving is a more intense experience. In 1998 you could drive from London to Manchester in the middle lane without interfering with anyone else's journey rarely needing to use lane 3.

However, attitudes have also changed, and I think everyone has a higher expectation that motorists should drive to a higher standard.. Simple blunt example is drink driving which used to be considered a bit of a laugh even (just) 30 years ago. We've all heard the "I was so drunk I had to drive on the white line to get home." - nobody would boast that now.