Driving Instructor using his mobile phone at the wheel...

ShaunC wrote:

I wouldn't report him. For me, I don't want to live in a society where all wrongs recorded on helmet cams are reported.

Nor do I which I why I am selective about what I report. However, as driving instructor with a higher level qualification to drive, he should not be doing this and if that is his attitude, what does he teach his pupils ?

eg https://road.cc/content/news/263128-near-miss-day-286-driving-instructor...

Quote:

but ultimately, no harm was done.

You mean in the instant that the instructor was observed and 100m, 1000m further on?

Sorry, but judging by the outcome is irrelevant to negligent/reckless actions.

ShaunC wrote:

I wouldn't report him. For me, I don't want to live in a society where all wrongs recorded on helmet cams are reported. Sure he was in the wrong but ultimately, no harm was done. Whereas as you say, if he loses his job, it has far more damaging consequences.

Hmm.  This is a difficult one.  I agree to a reasonable extent with ShaunC here.  He made a mistake.  I agree a serious one, but is the best outcome for him to lose his livelihood, and potentially for him then to be driving around seething with hate for those "evangelical, helmet cam toting, vigilante cyclists"  (not putting specific words in anyone's mouth - just a collection of things we keep hearing/reading about)?

I think if it were me, I would try to give this individual the opportunity to learn, and to make amends.  I think I would write to him, explaining the situation, explaining that you have helmet cam footage and under normal circumstances would report this to the police, but that you are conscious that this could put his livelihood at risk, which you would rather not do.  Perhaps explain that you would rather he take this experience and truly reinforce with his future students the importance of NOT using (any) handheld devices while driving.

If he writes back to you acknowledging, apologising, and promising to hold himself to a greater standard in the future, then that may well be a much better outcome (and potentially have a greater halo effect) than a prosecution.

Of course, if you get nothing back, or even worse, some kind of nasty tirade, then throw him to the lions at that point! 

But in general, I feel that humans will make mistakes (and as a general principle, mistakes are an important part of learning), so if there is a way of encouraging positive learning from this, rather than punishing, surely that's a good thing...?

Tjuice wrote:

I agree a serious one, but is the best outcome for him to lose his livelihood,

We don't know what would happen if reported, maybe he'll just get an awareness course or no further action.

One tricky aspect of waiting to hear from him is the Police requirement for footage. In Essex, you only have 48 hours, so you have to make a quick decision over what you will do.

Awavey wrote:

I'd agree let the police decide, the only fly in the ointment is remember a few weeks back that guy successfully argued the mobile phone use in a car law only applies to the phone function, because somehow theres enough wiggle room in the way it was written down,even if the intent for that law was very different, so they might not pursue it anyway

I think this one's clearer - if he admitted he was using it to navigate, chances are he was using internet connection, which means he is using it for an "interactive communication function" (or somesuch term, as defined by the law). The other guy escaped because he was just using the camera function. But agreed, police may decide there is insufficient evidence unless you can clearly see e.g. Google maps on screen while it's in his hand.