New Mobile Phone Laws effective May 1st

Spook_ie

Soooo 13+ hours into May 1st, anyone got done yet?

ironclaw

jack presley wrote: »

All the media reports include 'accessing information' but is it true that this isn't actually in the legislation and they are wrong in reporting this?

By my reading, its incorrect reporting. Which is unsurprising. Goes to show the level of amateurish we're dealing with in the RSA et al that they can't produce a decent press release.

Del2005

ironclaw wrote: »

By my reading, its incorrect reporting. Which is unsurprising. Goes to show the level of amateurish we're dealing with in the RSA et al that they can't produce a decent press release.

It's more misleading spin from the department of justice, or whoever makes the law, as all the press statements by the minister for justice had accessing information being made illegal. The press are just reporting what they are told and not checking the statues, which are completely different to what was announced.

positron

Does this law cover using phone (talking and/or texting etc) while riding a bicycle?

Spook_ie

positron wrote: »

Does this law cover using phone (talking and/or texting etc) while riding a bicycle?

No, because we all know..........wait for it.......................wait for it.................wait for it...............








They don't pay road tax

simplybam

and they also don't give a $hite about laws or rules of the road - but that's just on the side

PeteK*

New penalties for texting while driving come into force
Thursday 1st May 2014 [ source: Garda.ie ]

The new penalties come into effect this Thursday, May 1st. Any motorist convicted under the regulations must attend court and face a financial penalty to be determined by the judge. There is no option to take the lesser penalty of penalty points on this offence.


The new penalties come on top of existing penalties for holding a mobile phone while driving and apply specifically to sending SMS or MMS messages and emails. They also close a loophole which may have permitted motorists to send a text message if a phone was held in a cradle within the car.


Motorists are advised never to use their phones or electronic devices for any purpose while driving.



What do the new regulations do?

These regulations apply to mobile phones which are not held ie hands-free devices. ‘Text message’ in these regulations includes an SMS or MMS message, or an email. ‘MMS’ means a Multimedia Messaging Service which sends messages that include multimedia content between mobile or fixed numbers assigned in accordance with national numbering plans. ‘SMS’ means a Short Message Service text message, composed principally of alphabetical or numerical characters, capable of being sent between mobile or fixed numbers assigned in accordance with national numbering plans.



How is this new?

Legislation already in place makes it an offence to HOLD a mobile phone while driving. Before now, the legislation regarding text messages has not applied specifically to mobile phones NOT being held.



What do they not do?

They do not make it an offence to speak via a hands-free device. Nor do they make it an offence to touch a button on a hand-free device in order to answer a phone call.



What is the Penalty?

From coming into effect of the regulations, they will be subject to the general penalty under section 102 of the Road Traffic Act 1961, as amended. This means that cases will come to court and, if convicted, the penalty will be:

€1,000 maximum fine for a first offence
€2,000 maximum fine for a second or subsequent offence
€2,000 maximum fine and/or up to three months in prison for a third or subsequent offence within a twelve month period.


What are the implications for taxi drivers who use the HailO App?

HailO is a smartphone app which is used to notify drivers that a fare is waiting. It allows drivers to accept a fare by pushing a button, at which point the app displays details of the location for pick-up, and also offers a map of how to get there.



The new regulations therefore do not impact on the use of HailO. The Department would have concerns for anybody using a mobile phone for any purpose while driving.

_Kaiser_

PeteK* wrote: »

The new penalties come on top of existing penalties for holding a mobile phone while driving and apply specifically to sending SMS or MMS messages and emails. They also close a loophole which may have permitted motorists to send a text message if a phone was held in a cradle within the car.

What are the implications for taxi drivers who use the HailO App?

HailO is a smartphone app which is used to notify drivers that a fare is waiting. It allows drivers to accept a fare by pushing a button, at which point the app displays details of the location for pick-up, and also offers a map of how to get there.

The new regulations therefore do not impact on the use of HailO. The Department would have concerns for anybody using a mobile phone for any purpose while driving.

Soo...

- SMS/MMS/Email.. bad (though the SI doesn't mention E-Mail from what I read?)
- Apps (HailO is an app).. good??

Whatsapp then is an app and doesn't send SMS. Ditto Viber/Snapchat etc

Methinks that whoever drafted this hasn't a clue!

Caliden

Kaiser2000 wrote: »

Soo...

- SMS/MMS/Email.. bad (though the SI doesn't mention E-Mail from what I read?)
- Apps (HailO is an app).. good??

Whatsapp then is an app and doesn't send SMS. Ditto Viber/Snapchat etc

Methinks that whoever drafted this hasn't a clue!

One could argue that Whatsapp/Viber/etc. would be covered by the MMS definition.

I have to agree though that it's still quite vague.

Eg. "I wasn't texting, I was typing in an address into GPS!"

Alanstrainor

Caliden wrote: »

One could argue that Whatsapp/Viber/etc. would be covered by the MMS definition.

I have to agree though that it's still quite vague.

Eg. "I wasn't texting, I was typing in an address into GPS!"

They are absolutely not MMS however.

ironclaw

Alanstrainor wrote: »

They are absolutely not MMS however.

Its a little grey in my book. WhatsApp and Viber, you add people by their phone number as opposed to say SnapChat where you just use a username. By using a phone number to ID people and to message them, it may fall into the SMS / MMS definition. Thats as opposed to FB/iMessage where no number is needed at all. Thats for the legal eagles to debate however.

MMS’ means a Multimedia Messaging Service which sends messages that include multimedia content between mobile or fixed numbers assigned in accordance with national numbering plans.

expectationlost

Del2005 wrote: »

It's more misleading spin from the department of justice, or whoever makes the law, as all the press statements by the minister for justice had accessing information being made illegal. The press are just reporting what they are told and not checking the statues, which are completely different to what was announced.

what press statements from the department of justice has the phrase 'accesing information' in them?

expectationlost

Caliden wrote: »

One could argue that Whatsapp/Viber/etc. would be covered by the MMS definition.

I have to agree though that it's still quite vague.

Eg. "I wasn't texting, I was typing in an address into GPS!"

while driving?, that careless drinving

expectationlost

PeteK* wrote: »

What are the implications for taxi drivers who use the HailO App?

HailO is a smartphone app which is used to notify drivers that a fare is waiting. It allows drivers to accept a fare by pushing a button, at which point the app displays details of the location for pick-up, and also offers a map of how to get there.



The new regulations therefore do not impact on the use of HailO. The Department would have concerns for anybody using a mobile phone for any purpose while driving.

thanks for the link

https://hailocab.com/ireland/drivers/blog/2014/04/24/New%20Regulations%20on%20Phones%20in%20Vehicles

egarding the new legislation around the use of mobile phones in vehicles - Hailo's job is to make taxis work better for everyone, and our first concern is a safe journey for passengers and drivers alike. The Department of Transport, Tourism and Sport has confirmed that these new regulations do not impact on the use of Hailo, but we would like to take this opportunity to remind all Hailo drivers of the following points to prevent any distraction while using the Hailo driver app.
1. Always have your device secured in a hands free cradle when driving.
2. Always pull in at a safe location if you need to access any further information from your device.

simple don't use hailo for anything other then one touch response when driving says hailo

PeteK*

People seem to be searching for excuses and loopholes to allow them to use their phone when they're behind the wheel.
It is distracting and it does cause accidents.

No one should risk their life or someone else's due to checking your phone for whatever reason.
Handsfree are just as bad, especially when driving a slow speeds like in city traffic or pulling off or parking up, etc.

Del2005

expectationlost wrote: »

what press statements from the department of justice has the phrase 'accesing information' in them?

I've no idea. I thought I heard Shatter mention it once.

expectationlost

thejournal corrected their article on texting while driving http://www.thejournal.ie/texting-driving-google-glass-1440995-May2014/ removed 'accesing information is illegal' line, now for Irish Times ? can't find the email of fiach kelly to email the correction, emailed readersrep.

podgeandrodge

Meanwhile, on Dublin City Council's traffic information show this morning, they were telling everyone to "only text if it is safe AND LEGAL to do so" - and I sent a text message giving information on traffic (I was stopped at side of road ) and asking them if texting them while stuck in traffic was legal. They read out the bit of traffic info and ignored my legal question.

Isn't there something slightly dubious about Dublin City Council, who are running a traffic information channel, 90% of whose listeners are in their cars, giving out a text number every 5 minutes asking for traffic info - but saying "only if it's legal to do so" ? :rolleyes:

IMO they are encouraging people to text but covering their back sides at the same time and Dublin City Council should cease the practice of giving out a text number on this show. They know well that any texts they get (other than mine of course ) are not done from the side of the road.

NIMAN

Last couple of days I see no reduction in the amount of people using mobiles whilst driving.

Should be easy pickings for the Guards, people are so addicted to checking their phones now that they simply can't drive any distance without looking at them.

ironclaw

NIMAN wrote: »

Last couple of days I see no reduction in the amount of people using mobiles whilst driving.

Should be easy pickings for the Guards, people are so addicted to checking their phones now that they simply can't drive any distance without looking at them.

Was out yesterday and within 30 seconds of one another there were two people on the phone to their ear. Of course this will sound sexist, but the highest offenders are women from what I see.

Markcheese

A good digital camera on a tripod ,set up on any busy road and a gard'll make his yearly salary In few hours...

RandomAccess

Markcheese wrote: »

A good digital camera on a tripod ,set up on any busy road and a gard'll make his yearly salary In few hours...

Saw a Garda motorcyclist cruising down the left lane and checking each car so they are definitely enthusiastic about it.

Cantona's Collars

ironclaw wrote: »

Was out yesterday and within 30 seconds of one another there were two people on the phone to their ear. Of course this will sound sexist, but the highest offenders are women from what I see.

For some reason it's always women driving while on the phone first thing in the mornings.

There's a guy I know to see locally who is constantly on the phone while driving but the kicker is that he never wears a seatbelt either.I don't know how he gets away with it.

osheen

My main concern about this is if a garda sees you reaching to to change a radio station he can assume your texting and do you . Crazy law when they cant even stop/catch people with the handsets to their ear .