True or False, what do you think, legal opinons welcome

Spook_ie

Ignoring the fact it's on the Irish Sun Website and obviously is under UK road traffic laws

https://www.thesun.ie/motors/7540033/mcdonalds-warning-drivers-common-mistake/

Surely the McDonald's drive through would be a private road and therefore the rules wouldn't apply?

Over to you.

Spook_ie

You can ignore the Sun's editorial just went to the relevant Highway Code section and it reads

• you’re making a contactless payment in a vehicle that is not moving, for example at a drive-through restaurant

Fecking lazy writers!

magicbastarder

it's a publically accessible road (defined as 'a public place' in the law IIRC) therefore road traffic law applies.

otherwise you'd be able to rally your car through housing estates where the road infrastructure is still in the name of the developer, for example; and the gardai wouldn't be able to intervene.

cml387

If the public normally have access then the rules apply regardless.

db

How about if you use your phone to pay at a toll booth?

Spook_ie

Doesn't matter, it has an exclusion in the High Way Code and I was referring to the editorial about phone holding NOT rallying.

magicbastarder

the rallying comment was just an example?

Spook_ie

Actually now you mention it, I'm not convinced that they would be able to intervene using road rules as there is not likely to have been a speed limit etc. Assigned.

Not sure if it's been superceded ( hard searching on mobile ) but

“public road” means a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority;

Is the definition under Roads Act 1993

https://www.irishstatutebook.ie/eli/1993/act/14/section/2/enacted/en/html

magicbastarder

from the 1961 act (again, hard to tell what has been superseded):

"“public place” means any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;"

Spook_ie

https://www.boards.ie/discussion/comment/119291874#Comment_119291874

I would have thought 1993 supercedes 1961, and I notice the 1961 act refers to "Public Place" usually this is used in arguments about motor tax, whereas the 1993 act specifically uses the term "Public Road" and defines it as

“public road” means a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority;

Spook_ie

https://www.boards.ie/discussion/comment/119291799#Comment_119291799

Good question, there is a specific exemption in the UK highway code, but not sure if there's anything similar under Irish Statutes, you would hope so but I do like to see it mentioned in an official statute before I'd accept it. ( I don't have Applepay or suchlike on my phone so use a physical card or cash )

ohnonotgmail

https://www.boards.ie/discussion/comment/119291914#Comment_119291914

The current legislation around the use of mobile phones while driving refer to a public place not a public road. Similarly the sections of the RTA that relate to behaviour while driving refer to a public place not a public road.

3 .— (1) A person shall not while driving a mechanically propelled vehicle in a public place hold a mobile phone.

https://www.irishstatutebook.ie/eli/2006/act/23/section/3/enacted/en/html

Miscreant

You would have to be very unlucky and get a pretty nasty Garda to enforce the RTA in a drive thru. My nearest McD's drive-thru is right next door to a Garda station and not once have I seen them in there handing out tickets in the queue. I think a bit of common sense would be used in these cases and you are "off" the road and stopped anyway so it would hardly be a safety issue.

I know that the "law is the law", but I doubt this particular part of it would be enforced in the case of a drive thru takeaway. Sometimes the media like to stir the pot and get people worried.

CPTM

It's crazy how many people need things to be in black and white for them. Or have a zero exception policy for anything that is spelled out, even if they have amassed 30+ years of life and experiences and exceptions. I can't believe someone actually took time to analyse and then write that exception into the highway code.

magicbastarder

https://www.boards.ie/discussion/comment/119291914#Comment_119291914

AFAIK the whole area of road traffic law has been identified as needing tidying up, it's law upon law upon law, and can be difficult to determine which is the current bit of relevant legislation without some decent knowledge to start out with.

bladespin

The rules apply to private roads too if there's public access, that said I'd pay to see the sergeant's face if that ended up on their desk.

mikeecho

https://vm.

tiktok.com/ZMNAnC4mk/?k=1

That'll explain everything.

Boards won't allow me to post a tictok URL, so you'll have to copy and paste adjust that url

hoodie6029

It’s The Sun. That should be enough to end any discussion on a topic that appears in that vile rag.

Like The Daily Hate Mail, don’t give them the click.

mikeecho

https://www.boards.ie/discussion/comment/119292120#Comment_119292120

They tried to tidy things up when they changed sec49 to 4, and 50 to 5.

They then made a balls up when they did the drugs bit.. I don't think they ever fixed it.

GNWoodd

https://www.boards.ie/discussion/comment/119294157#Comment_119294157

Did they make a mess of the drugs legislation as well as the drink driving ?

mikeecho

https://www.boards.ie/discussion/comment/119299444#Comment_119299444

Yeah. , But no need to fix it.

Being broken, just means more money for the solicitors.

If you are driving on drugs, there is a certain course of action you can take, that will limit what the gardai can do, and it lessens the penalty. You also have less to argue in court.

For more info.. contact your local solicitor specialising in Road Traffic matters.

Doe Tiden

https://www.boards.ie/discussion/comment/119291799#Comment_119291799

Can’t use your phone on the m1 toll

bladespin

https://www.boards.ie/discussion/comment/119300182#Comment_119300182

Nope, that one was pretty obvious though.