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HASAWA 74 v The Road Vehicles (Construction and Use) (Amendment) (No4) Regulations 2003
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Posted By Michael Griffith HI all,
A hyperthetical question for you?
If a driver of a bus is using a hand held mobile phone whilst driving and gets caught in the act, would he be prosecuted under section 7 of HASAWA 74 or would the Road vehicles Regulations take precedence?
A nice thread for a friday afternoon debate.
Cheers, Mick
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Posted By Martin Gray Michael
If the driver is stopped by the police for the offence of driving a motor vehicle whilst using the mobile phone, he will be prosecuted under the Con and Use Offences by the police.
If the driver is one of many from the same company the police may refer it to the HSE if there is no policy within the company for the management of work related road risk, as it could be part of a wider H&S failing.
If the driver has passenger on the mini bus he could be looking at a court appearance rather than a non endorsable fixed penalty ticket as it carries a higher penalty tariff.
There is also the case that the driver could also be prosecuted for driving without having proper control of the vehicle.
Hope this assists
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HASAWA 74 v The Road Vehicles (Construction and Use) (Amendment) (No4) Regulations 2003
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