Vaping and Driving - What You Need to Know AND How Sentences are Decided | BlackBeltBarrister

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  • čas pƙidĂĄn 11. 09. 2024
  • The (legal) dangers of Vaping and Driving.
    Many people vape and drive. Many people eat and drive, smoke and drive, etc. This might amount to careless driving but do you know why? Careless driving can land you with significant penalties and a ban from driving. Watch and subscribe to learn more.
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Komentáƙe • 233

  • @jerrybootneck1736
    @jerrybootneck1736 Pƙed 3 lety +19

    First time I ever pulled up behind someone to see plumes of smoke coming out of the window and a car full of smoke I actually thought his car was on fire. lol

    • @jamingaming9251
      @jamingaming9251 Pƙed 3 lety +2

      Technically it's not smoke its steam.
      You get smoke when you burn something. You get steam when you heat up a liquid.

    • @nubie1100
      @nubie1100 Pƙed 3 lety

      @@jamingaming9251 .. vapour

  • @JackDinn
    @JackDinn Pƙed 3 lety +29

    So having a great huge computer directly in front of the driver that you are expected to interact with while driving in new cars is all ok then?

    • @johnmontague69
      @johnmontague69 Pƙed 3 lety +1

      And its projected onto the windscreen!
      What about passengers vaping in your car? You wouldn't be able to see the end of your nose!

    • @clivewilliams1406
      @clivewilliams1406 Pƙed 3 lety

      @@johnmontague69 You could argue that a heads-up display actually helps driving because all the instrument information is directly in line with your vision - if its OK for military pilots why not for the public? (PS I don't agree with this argument).
      When I was a young smoker/driver I refused to smoke or allow anyone to smoke in the car because of the irritating smoke that affected my vision and the likelihood of a red end burning into the upholstery!
      By far the biggest distraction in modern cars is the infotainment screen that carries too much information and crucially requires scrolling through menus ad nauseum to find the necessary instruction that may be necessary to action whilst in motion e.g. switching the DSC on/off to suit the driving conditions, which used to be carried out by a button switch as part of the driver's normal controls.

    • @IamNasman
      @IamNasman Pƙed 3 lety

      When I smoked actual cigarettes, the smoke wasn’t an issue, I’d just crack the window a fraction - good for getting rid of ash too. What would cause me to loose concentration briefly was the red hot coal from the tip dropping in my crotch. I stopped smoking and driving after that, even though at the time it was legal in the UK.

    • @derekheeps1244
      @derekheeps1244 Pƙed 3 lety

      @@johnmontague69 didn’t go well in Aston Martin Lagonda

  • @wyldeme
    @wyldeme Pƙed 3 lety +5

    Been driving 24 years and smoked in my car all that time. Never had an accident, any points, a speed awareness course or anything. I'll carry on smoking I think. Driving without due care covers everything from looking at your mobile phone to scratching ur arse.

  • @WhatYaL00kingAt
    @WhatYaL00kingAt Pƙed 3 lety +9

    I always vape when driving but mine doesn't produce a cloud. In fact it produces less than cigarette smoke and the tiny bit it does produce disappears within a second or 2. Its way safer than smoking due to not being distracted looking where to flick any ash and no visual distraction.

    • @Zombane
      @Zombane Pƙed 3 lety +1

      I am the same. There's no need for the large clouds, especially in cars and just walking around. It's anti-social.

  • @toddysneddon2835
    @toddysneddon2835 Pƙed 3 lety +20

    I could apply these things you talk about to police when driving too, they get distracted by buttons bells radios and phones every time they drive

    • @bobp6742
      @bobp6742 Pƙed 3 lety +3

      Have you seen those cop shows like police interceptors they have 3 to 4 cameras plus a sat nav stuck on the windscreen.
      In one shot they actually had a go pro right in front of the police driver during a chase. One law for one.

    • @thisisnumber0
      @thisisnumber0 Pƙed 3 lety +4

      @@bobp6742 Yes, if this really was a serious hazard, police drivers would not be exempt. Usual explanation, the law is an ass. It is possible to train yourself to prioritise your attention.

    • @lemmy3167
      @lemmy3167 Pƙed 3 lety +1

      How likely are the police to prosecute their own kin, next to nought. Thin blue line and all!

  • @MsNubble
    @MsNubble Pƙed 3 lety +9

    On the subject of distractions, how about large bright animated advertising screen that are popping up every where at the sides of roads. Do these not count as a detraction when they are so bright and are deliberately designed to grab your attention?

    • @stephenmason5682
      @stephenmason5682 Pƙed 3 lety

      They are positioned to distract you from driving and to look at them! Lol.

  • @Andy-xt3mh
    @Andy-xt3mh Pƙed 3 lety +9

    As an exsmoker I must disagree. Smoking is as distracting as biting nails trying to concentrate on giving up bad habits plus fighting addiction whilst driving would cause more aggressive driving and a far more cognitively distracted driver.

    • @loc4725
      @loc4725 Pƙed 3 lety +1

      It's the vapor and any need to fiddle with the device which can be distracting.
      And I'd suggest driving whilst experiencing significant withdrawal symptoms qualifies as being medically unfit to drive

    • @n-steam
      @n-steam Pƙed 3 lety +3

      The only risk I can see caused by smoking while driving, is dropping a burning tip onto your lap..

    • @dshe8637
      @dshe8637 Pƙed 3 lety +1

      If you can't drive without smoking, you need medical care

  • @rangerwhite7091
    @rangerwhite7091 Pƙed 3 lety +14

    It actually looks like some of these cars are on fire with people vaping and the amount of smoke bellowing out. There is bound to be a restriction in your ability to see out clearly.

    • @Nite-owl
      @Nite-owl Pƙed 3 lety +6

      As a vaper, I have my window ever so slightly open. The vapour goes straight out of the window, I very rarely even see it. Plus there are ways of reducing the vapour emitted, such as vaping like you'd smoke (mouth to lung) where the vapour is no worse than a cigarette providing you vape at low wattages. If you hold in the vapour from a mouth to lung inhalation before blowing it you can very easily reduce the vapour to the point where it's difficult to even see !

    • @DavidFraser007
      @DavidFraser007 Pƙed 3 lety +3

      Well that's because some vaping mods can produce 350watts of power, that's enough for an ebike. I use about 12 to 14 watts, that produces hardly any vapour. As for distracting me from driving, considerably less than my infotainment screen and much less than yacking passengers.

    • @Nite-owl
      @Nite-owl Pƙed 3 lety +2

      @@DavidFraser007 I'm on 13.5w personally and like I said, I hardly even see it myself. As for car infotainment etc, I'm not going to argue the legality of things with a Barrister, but almost all new cars being sold today need you to enter menu's on a screen simply to turn the heat off on your seat, or to turn on Air-con etc. Going by what he's saying here, he never needs to alter a single setting in his car from the moment he sets off? Even on the older type (like mine) you still need to change heater settings or look at which electric window switch you're pressing !! Newer cars are quite literally forcing the drivers to be less safe.

  • @vipertwenty249
    @vipertwenty249 Pƙed 3 lety +2

    Hopefully you do read the comments viewers leave - this one is from a person that knows about vaping so provides useful information:
    Firstly - vaping is NOT a fashion for many people. It is a replacement for extremely harmul tobacco, it greatly reduces the health hazards and the costs to the NHS.
    Now to the nitty gritty:
    There are a wide range of different vape devices. They vary in size (very relevant to your video), they vary in the amount of vapour they produce (very relevant to your video) and they vary in the complexity of operation (very relevant to your video).
    Some vape devices are little larger than a pen. These, being so small, are no different to a pen being held in terms of effect on control of a vehicle. They produce only small amounts of vapour.
    Next size up are about the same as a box of matches with a mouthpiece protruding from the top. These can be set to produce more or less vapour, and can be set the same as the pen type. A noticeable increase in encumberance in the hand.
    Next size up are about the size of a pack of cards but heavy. These are the ones that tend to produce those huge clouds of vapour. A significant encumberance in the hand whilst driving, equivalent to a can of drink. These are also the ones most used by people using them as a fashion accessory.

  • @Castlebravo100
    @Castlebravo100 Pƙed 3 lety +6

    Am I cognitively distracted by reading an advertisement on the back of a bus?
    If so is the bus company culpable of causing a cognitive distraction?

    • @BlackBeltBarrister
      @BlackBeltBarrister  Pƙed 3 lety +3

      It’s a regular debate

    • @44RobC
      @44RobC Pƙed 3 lety +1

      @@BlackBeltBarrister And what about councils that put up those yellow advance notices with 5 or 6 lines of text?

    • @highdownmartin
      @highdownmartin Pƙed 3 lety +1

      If you’re driving you have to remain in control of your vehicle and remain aware of your surroundings and anticipate the road ahead. The faster you go go the further that is. It is your experience and judgement that determines how long you can allot to a non essential driving task. If you want to read the bus advert you could ,given it’s a conscious decision to do so If you then crash into the back of the bus doing it, then it is entirely you at fault for making a bollocks of a comparatively simple task compared to that of actually operating a motor vehicle on a public road If you want to read the road closure yellow sign with its six lines of text and a highways dept number, you could just stamp on the brakes and stop. But you don’t do that , do you? Even though the bloke behind you would be at fault , for following too closely. And he might have been distracted by someone vaping going the other way. Basically mate, you’re as good a driver as you want to be.

  • @lj1b9
    @lj1b9 Pƙed 3 lety +5

    I can only see the most bored & unreasonable police officers stopping people for vaping & driving

    • @jamingaming9251
      @jamingaming9251 Pƙed 3 lety

      They are too busy and overworked to turn up to a burglary, how can they be bored enough to arrest someone for vaping & driving!?

    • @lj1b9
      @lj1b9 Pƙed 3 lety

      @@jamingaming9251 I have no idea, but we have a video about it, I've been doing it for quite a few years and never had an issue

    • @barneybiggles
      @barneybiggles Pƙed 3 lety

      Well that fits an awful lot of them.

  • @Bluenoteguitar
    @Bluenoteguitar Pƙed 3 lety +6

    From the description you give for vaping causing a distraction, the first 3 would also apply to using and listening to your car stereo, and indeed having a discussion with a passenger, so perhaps these things should be banned as well. If you are unable to do these things because they cause you to be distracted from driving perhaps you shouldn't be in control of a vehicle in the first place... As I have heard you say yourself many times an element of common sense needs to be used.
    I have been driving for over 30years and I know many people of my age who all believe the current standard of driving in the UK is appalling. I think the first thing that needs to be looked at is the driving test.... maybe its far to easy?

    • @750triton
      @750triton Pƙed 3 lety +1

      I don't think the test is too easy. I believe standards drop because people can drive how they please with close to impunity since traffic police rely more on cameras, use speed cameras more for revenue raising than actual crash prevention (when was the last time you saw speed cameras outside schools or on housing estates? They're not there because the insurance companies are out of pocket less than after multi vehicle collision). We're much less likely than we were 15+ years ago to be pulled over even to be given a producer, let alone a vehicle check or a bollocking for driving like a twat

    • @Bluenoteguitar
      @Bluenoteguitar Pƙed 3 lety +3

      @@750triton Go sit in tesco's car park and watch people trying to park in a busy car park and then tell me it isn't true.

    • @Bluenoteguitar
      @Bluenoteguitar Pƙed 3 lety +1

      @@BirthOfAnEmceeTV lol, don’t worry not out to kill anybody, and I do hear what your saying, and to an extent I do agree with you, however, I was in Asda car park the other day waiting for my wife who had just nipped in to get something. It was very busy there as is usual for a Saturday and there was only a single space left in the row opposite. A young guy ( maybe mid 20’s) drove down the row in a small car (I think it was one of those Arbarths or fiat 100, I’m sure you know the kinda car I mean). He saw the space and then I watched in complete disbelief for the next probably 15 mins as he shunted this way and that, tried reversing in, then tried driving in and was just completely unable to park the car. In the end he gave up and drove off. How did this person pass his test? This isn’t an isolated event, I see poor driving like this all the time. So hence I ask the question is the current driving test too easy, as clearly there are a good few people out there that should never have passed.

  • @rustynail6363
    @rustynail6363 Pƙed 3 lety +2

    I could rant all day about distractions in vehicles these days, vaping would be somewhere near the bottom of the list, the very fact that you are moving and your attention is being drawn this way and that, would be enough to get you a fine by these broad peramiters.

  • @garybrown4854
    @garybrown4854 Pƙed 3 lety +2

    May I suggest that you upload this video to Vaping CZcams channels , they will be interested in this content . I am a vaper and drive and always make sure before I drive that everything is charged and filled before I drive , also that I only use Mouth to Lung devises ( MTL ) when driving rather than Direct to lung devises ( DTL ) this is a significant difference that you may not realise exist . It is the DTL that makes all the thick clouds of Vapour and are run at 50/60 watts and sometimes a lot more , this will result in filling a car with Vapour and in my view irresponsible and dangerous ( and as you point out so does the law ) . I use MTL when driving which run at 15/25 watts which significantly reduces the amount of vapour produced and I will only use my devise when for example when I'm sitting at traffic lights and not for example when approaching a junction or round about, I however am a professional driver with 0 points on my licence, there are those that take a more cavalier approach to driving in all situations . may I also point out that VAPOUR is not SMOKE and is often misdescribed as such, and maybe a significant distinction in a court of law , or maybe not , your reply ( if any ) would be interesting .

  • @Nite-owl
    @Nite-owl Pƙed 3 lety +6

    Presumably the exact same rules would apply to anyone smoking a cigarette, alone in their own vehicle?

  • @MartiBlagborough
    @MartiBlagborough Pƙed 3 lety +6

    Fluffy dice haha. Would love to see a conviction on that basis

    • @pbanks3298
      @pbanks3298 Pƙed 3 lety +2

      how big are they? lol

    • @PurityVendetta
      @PurityVendetta Pƙed 3 lety

      I have seen MoT failures on the basis of such things including window stickers. Never come across a conviction.

    • @IamNasman
      @IamNasman Pƙed 3 lety

      Crimes against taste?

  • @fredjones7307
    @fredjones7307 Pƙed 3 lety +7

    Basically, if you are alive and kicking you are probably breaking the law..

    • @dshe8637
      @dshe8637 Pƙed 3 lety

      Not unless you are also doing Dumb Things

    • @fredjones7307
      @fredjones7307 Pƙed 3 lety

      @@dshe8637 If they prosecuted everyone for doing dumb things most of the people in the UK would be in court every day, and since when has it been illegal in law to do dumb things...

  • @milksheihk
    @milksheihk Pƙed 3 lety +4

    I think that any law that would outright ban vaping while driving would rely on logic that would also effectively ban smoking while driving.

    • @Nite-owl
      @Nite-owl Pƙed 3 lety +2

      I'd suggest it has to in order not to be seen as being specifically targeted at vapers unfairly. I do seem to remember a police officer issuing a summons for eating an apple in 2005 that even required the use of a Police helicopter for photographic evidence (according to the Guardian newspaper). Sometimes the law just seems to make less and less common sense. You can drive to Barnyard Castle to test your eyesight, but cant eat an apple whilst driving 😂

    • @IamNasman
      @IamNasman Pƙed 3 lety

      Choking hazard? Or if the apple was a gift from an old crone, you might go to sleep for a long time, only to wake up to find some posh bloke trying to kiss you đŸ€•

    • @derekheeps1244
      @derekheeps1244 Pƙed 3 lety

      Smoking whilst driving has already been illegal here in Scotland for a number of years ; either if the vehicle is your workplace ( company vehicle , van , truck , taxi ) or if there are young passengers in the car .
      As so often , we lead the way

    • @Nite-owl
      @Nite-owl Pƙed 3 lety

      @@derekheeps1244 Presumably you're talking about the Smoking in cars ban that was implemented in England in 2015 and Scotland in 2016? 🙄

    • @milksheihk
      @milksheihk Pƙed 3 lety

      @@derekheeps1244 In Aus we have the laws about smoking in the presence of children, or driving a commercial passenger vehicle/public transport but no law against smoking in a private vehicle or a non-passenger commercial vehicle.

  • @n-steam
    @n-steam Pƙed 3 lety +1

    Can I assume you've never had a mirror-hanging ornament in your car?
    Because I suggest you get one, and drive a little with it, and then base your opinions on your experience.
    I've had to drive my dad's car, he has quite a few hanging decorations.
    Once the car was in motion, I never even saw them.
    I also think you're wrong on the smoke given off by vaping/smoking, and again I am assuming you haven't any personal experience of it and you're equating it to driving through fog.
    At it's worst, it is more akin to looking through a window that has barely begun to 'steam up' (the point you'd notice to turn your demisters on).
    If you have the fans on, or windows open, then there is no visual obstruction.
    I am also shocked to see there is no classification for olfactory distractions, by far the most deadly.

  • @DavidFraser007
    @DavidFraser007 Pƙed 3 lety +1

    I remember my Dad was late for work once and he used his electric shaver when he was driving to work.

  • @felixthecat265
    @felixthecat265 Pƙed 3 lety +2

    No No No - absolutely disagree.. this is a typical Authoritarian Lawyer approach..
    If you are driving a vehicle or controlling any form of dangerous machinery, you are responsible for what it does, and for maintaining a level of awareness.
    This all comes down to claiming excuses if and when something happens.. If something occurs which you could not reasonably have expected or which you had no control of, then it is reasonable to claim that the event was not down to your actions or inactions. If an event occurs because of an action or inaction on your part, then you need to take the consequences..
    For the law and the police to decide before the event that certain actions do or do not pose a reasonable risk is a straight invasion of freedom of action... sorry!

  • @projectedlife6238
    @projectedlife6238 Pƙed 3 lety +2

    I vape whilst driving everyday.
    I leave it in the door handle, I can pick it up abd put it back without looking for it and within a second.
    I have the windows open and have never had my view obstructed, not even in the slightest, because I blow it out sideways. I have a high powered device which can make absolutely huge clouds and have never had a problem.
    I also (like everybody else) don't need to change device settings whilst driving.
    I've been doing it for 5 years or so and never had a sniff of an accident.
    On the other side I've seen thousands of idiots that don't vape and can't drive, don't indicate, don't know which lane to use, don't stop at red lights etc etc.
    Its not vaping that's the problem, it's lack of common sense and as I've noticed with anti-vaxxers recently - stupidity.

    • @derekheeps1244
      @derekheeps1244 Pƙed 3 lety +1

      Perhaps you ought to educate yourself before you refer to people as stupid : there have been many cases of people dying despite/after being double infected/ vaccinated ( a vaccine infects you with a mild dose of the virus ) , nor have these vaccines been proven to be safe and free of side effects , a process which normally takes several years ( remember the MMR vaccine which was foisted on almost every child in the country , then links to autism presented ? ) . I declined these vaccines because I am convinced neither of their efficacy nor their safety . You go ahead at your own risk if you wish .

  • @markvick6138
    @markvick6138 Pƙed 3 lety +3

    How Sentences are Decided race and gender the last time i was in court i asked "if i was rich privileged or a special group. i would not be standing here now " to which there was no answer which as you know is a YES they do not deny

    • @WhatYaL00kingAt
      @WhatYaL00kingAt Pƙed 3 lety +1

      Very true comment. How many millionaires and especially billionaires which we know have committed serious crimes go unpunished. Money really does do the talking when you have so much of it. We are second class citezens

  • @googleisshittoss
    @googleisshittoss Pƙed 3 lety +1

    There is 'Vaping'...and there is 'VAPING'...If you use one of those pen sized vapes, that emit very little smoke...are always on, and it's just the press of a button...I don't really see an issue. It's those ones with the massive tanks, that look like a 747 on fire...that I can see as being an issue.

  • @loc4725
    @loc4725 Pƙed 3 lety +1

    With few exceptions I pretty much never have the radio on for exactly this reason.
    Also would be nice to have a video on when careless driving becomes dangerous driving.

  • @JustwatchingYouTube42
    @JustwatchingYouTube42 Pƙed 3 lety +1

    I understand the logic, however, in the good old days, you could use a CB (Citizen Band) radio, hey the police used handheld radios all the time too and as was typical of the good old days' hypocrisy was frowned upon; you do "CAR 61", we do "Breaker, Breaker Rubber Duck".
    I have vaped but no longer vape, I actually experimented with it rather than smoking, I digress. The system I had I merely sucked on to activate (no switches or levers) and the vape is vapour (moisture/ cold steam/ a cloud), not smoke, the big difference being the dispersion rate. Vapour typically disperses practically immediately, it is not something I found noticeable, although I appreciate it seems much more dramatic in some circumstances than smoking from the outside perspective. Smoke, being particulate can hang around longer, although I am not an advocate of banning people from smoking in their own cars because it "may be a hazard".
    That said, I appreciate your guide on sentencing guidelines although I find the summary notion that a person vaping or smoking is more liable somewhat depressing. Again, life experience has taught me that most accidents have multiple factors, and based on chaos theory it is not practical to rationalize these factors as is suggested by what you explain. Sure you can "rationalize" matters but rationalization is not always justice.
    I understand that when an injury has happened people want answers but it is not always fair to blame someone by summary justice of being allegedly distracted by their own device; although I accept distraction may go to mitigation. The notion a driver can be made more responsible for a child being killed when the child ran out into the road only because the driver was vaping at the time is abhorrent; you might as well make drivers more liable for drinking coffee from cups in those holders cars so readily provide.
    BTW: when mobile phones (the bricks) were first introduced the police still used handheld radio units, along with the CB'ers, and all was well. Then came hands-free and it became a crime to use a mobile phone while driving except with hands-free (the CB craze in the UK died off pretty quickly), however, the police were allowed to use their radios for a while longer until they got hands free. Now, it is suggested we can be prosecuted for using hands-free, but not the police.
    I also believe that car safety and child car seats are a result of lobby groups for the child car safety seat manufacturers; I do not recall headlines of massive child deaths due to a lack of car safety seats when I was a kid minding my own business in the back of a car with no rear seat belts. Sure children are probably somewhat safer as a result of car safety seats but in reality, the real safety of a child is the ability of the driver to avoid accidents. Then again, I could produce "stats" to prove improved safety because I can do that; the truth is what I tell them is one of my mottos, which is why I am such a cynic.

  • @bobikdylan
    @bobikdylan Pƙed rokem +1

    "The windscreen is not that wide of an area." American English is creeping in.

  • @SimonJM
    @SimonJM Pƙed 3 lety

    I have seen many people using these whilst driving and never seen them putting them down, they hold it clutched tightly in one hand, often up against the steering wheel whilst not puffing on the darned thing. A while back I went into my local police station and asked about this as I had just seen a taxi driver puffing away whilst driving and was told that it was not illegal.

  • @GeorgeFryd
    @GeorgeFryd Pƙed 3 lety +1

    Agreeably but commutes require fairly large amounts of concentration, conversely nicotine assists with this. My vehicle is breezy so I cant comment in terms of obscuring view, but the vapour is not noticeable with the the window cracked open or with the blower operational. As a driver it would appear that either cigarettes or vaping is a very common site on UK roads, I would draw the conclusion that this is a very commonly accepted way of commuting as the application of the law indicates it is not clear cut, in terms of causation, yes fault would easily be attributed to the driver but every instance needs consideration on the exact circumstances, if your driving past a police car or a police car is driving past it would possibly not be good etiquette to blast a cloud of vapour at them from a cloud maker I would also suggest that doing so in public i.e. outside a train station during a pandemic is equally obnoxious.

  • @wasp6594
    @wasp6594 Pƙed 3 lety

    Vaping does not produce smoke. The clue is in the name. It is vapour ie steam.
    At one time we used to live in a culture in which everything is permitted unless specifically prohibited by law. Now there are so many laws prohibiting us, it is easier to ask what we can do, rather than what we cannot.

  • @markm-ci6rj
    @markm-ci6rj Pƙed 2 lety +1

    A question here, how does it get decided if something was a destraction? I mean everything can be considered a destraction, turning on the radio, talking to a passanger, having the window open.
    Does a destraction not have to be proved?
    What about eating a sweet while driving.
    Have a cousin who drives long distances, she tells me smoking keeps her more alert on long journeys, gives her something to do too, is that a destraction although beneficial to her?

  • @mcdon2401
    @mcdon2401 Pƙed 3 lety

    The only upside to drivers vaping is that motorcyclists have less risk of having to avoid the doubts being chucked out of the window. Surprising how much damage one of those can cause when it lands in your lap at high speed 😡😡

  • @markvick6138
    @markvick6138 Pƙed 3 lety +5

    what about a england flag on your car ? which has been on some news outlets . although a isis flag would not get you stopped

  • @barneybiggles
    @barneybiggles Pƙed 3 lety +1

    Vaping does not produce smoke, it’s vapour hence the name.
    If you want to be pedantic, all cars should be automatic; on a journey through a city how many times is your hand off the wheel as you change gear?

  • @dodgydruid
    @dodgydruid Pƙed 3 lety

    I often drive (my three wheel van replete with Only Fools and Horses branded fluffy dice) with my ecig tucked into my hand and don't take my eyes off road or mirrors when doing it. However if I need to adjust it, I would simply pull over safely and do so but one thing has worried me is if say a copper car goes past and spots the illuminated screen they might think its a mobile phone when it is not. Its an area that I think is yet to be tested because there are people out there who will happily drive and text, happily speak on the phone to their ear whilst driving and also use the menu system on their ecig whilst driving too :(

  • @TheBushcraftBum
    @TheBushcraftBum Pƙed 3 lety +1

    Can you or have you done a video on driving with loud music playing because I've seen it many times when a vehicle obstructs emergency vehicles because they can't hear the sirens and don't use their mirrors enough to have seen them?

  • @ragndroneman
    @ragndroneman Pƙed 3 lety +1

    Without due care and attention, also your 1st 3 points, could apply to taking a sip of your coffee or trying to have another bite of your burrito.........
    Most road policing relies on cameras nowadays and thats why you see so many people texting and snapchatting or putting makeup on never mind vaping or smoking whilst driving! đŸ€ŁđŸ˜‚đŸ€Ł

  • @mrlover4310
    @mrlover4310 Pƙed 3 lety +1

    What about screaming children taking your attention away? Listing to your favourite song? What about woman in a mini skirt??? Reading billboard signs driving on the motorway or on a road? What about taking your hands off the steering wheel to scratch a crutch??? Or scratching your nose???

  • @ianbottomley9303
    @ianbottomley9303 Pƙed 3 lety +1

    You have to pay more attention when vaping and driving. Constantly checking for police cars

  • @gilbertpillbrow6978
    @gilbertpillbrow6978 Pƙed 3 lety +1

    Unscrewing the tank and filling it up with liquid is definitely a distraction

    • @WhatYaL00kingAt
      @WhatYaL00kingAt Pƙed 3 lety +2

      No, that is just plain stupid to do that. I vape when I drove and will pull over to top up. To me its common sense to do so.

  • @RadioJonophone
    @RadioJonophone Pƙed 3 lety

    Smoking at the wheel has long been forbidden for bus drivers by Traffic Commissioners' guidelines and followed by company rules of employment. It is, of course, now forbidden under 2007 smoking ban, as it is an enclosed place of work.

    • @PhantomMark
      @PhantomMark Pƙed 3 lety

      Nobody pays any attention to it tho.......just another BS rule, we love rules for the sake of rules in this country don't we ??

  • @animalcrackersong
    @animalcrackersong Pƙed 3 lety

    I HIRED A VAN THAT HAD AN AIR FRESHNER TIED TO THE REAR VIEW MIRROR ,, IT CAUGHT MY EYE WHILST DRIVING , I ASSUMED IT WAS SOMEBODY RUNNING INTO THE PATH OF THE VAN ,,, SO QUICK , A NATURAL RECTION ,,, DID AN EMERGENCY STOP FOR NOTHING ,,,, RIPPED IT OFF THE MIRROR ..

  • @Jack-fs2im
    @Jack-fs2im Pƙed 3 lety +1

    We have the second safest roads in the world.It seems they can do you for anything.What about advertising boards or music/radio ,talking books,sports commentary.aaaarrrggghh.

  • @user-sl5bh8kr8h
    @user-sl5bh8kr8h Pƙed 3 lety +5

    Visual distraction, we best ban fit birds in short skirts then? đŸ€ŁđŸ˜‚

  • @iainamurray
    @iainamurray Pƙed 3 lety

    On my commute this morning I saw several examples of people falling below what would be expected of a competent and careful driver!

  • @stevemcilroy9518
    @stevemcilroy9518 Pƙed 3 lety

    Cannot believe you have 17 dislikes. Factual useful information, explained in a straight forward clear manner the layman can understand, and free. How ungrateful can people some people be.

  • @Hfil66
    @Hfil66 Pƙed 3 lety

    What about a driver who is so addicted to nicotine that they are distracted by the lack of it, which would be alleviated by the act of vaping.
    Similar arguments can be given for someone who is distracted by low sugar levels and reaches for some food to mitigate his hunger on the drive, or for some liquid on a long hot drive where they may be suffering from heat exhaustion.

  • @PhantomMark
    @PhantomMark Pƙed 3 lety

    Been vaping for nearly 10 years, as a driver for a living I can honestly comment it has never caused any issues, I have probably covered more than a million miles with no issues, clean licence and no accidents in over 20yrs, btw the vapour is supposed to go out the window so it doesn't obscure the windscreen, unless you are an idiot, I can reach for my device, use it and put it back without even looking at it ! I am surely not alone in that ability. Utter nonsense - these laws should be applied to idiots only, and there is plenty of those.

  • @beaulieuonnp593
    @beaulieuonnp593 Pƙed 3 lety

    Thanks for this. You are an absolute star in supporting road safety. Being in road safety myself, it is challenge to get supporters unless they are in your own 'world' as it were. I see see so many drivers not restraining their dogs in the car in an appropriate way. I even saw a motorist driving with his dog on his lap, #kent There is some kind of blindness that motorists seem to think they will always be safe. And it beggars belief that drivers will an open topped car in sunny weather when there are so many risks, I have seen so many cars flip over and these people have no protection whatsoever.

  • @simonc7947
    @simonc7947 Pƙed 2 lety

    I believe that smoking when there is a child in the car is illegal these days. Does that apply to vaping?

  • @mattykins86
    @mattykins86 Pƙed 3 lety

    I have always thought the people standing on the side of the road, normally in small villages with narrow roads, while wearing fluorescent jackets, holding clipboards and waving mobile phone cameras at drivers and cars while having a chat and a laugh and a giggle are pretty distracting. I don't think its a good idea for them to be causing an, unneeded, distraction to drivers especially in locations with a higher risk for small children to appear from behind low objects.

  • @JOhn-qz2vi
    @JOhn-qz2vi Pƙed 3 lety +1

    Perhaps you would be kind enough as to advise on a small section of "Without Due Care and Attention".
    If you have not passed your driving test, and I accept that part of the test of WDC is "Careful" but I find it hard to see how a learner can be prosecuted for this offence when they can not can be expected to be a "Competent driver". Surely they can only be a competent driver after they pass their test ?
    I have debated this with CPS when processing such cases in the past but they have never been able to supply a satisfactory answer.

  • @iandennis7836
    @iandennis7836 Pƙed 3 lety

    Right, I've just looked at the wording of that and sorry, but the roads would be either very nearly empty, if not very actually empty if those criteria as described in the relevant legislation were to be enforced and to be honest, whether I am smoking or not, I suspect that even I would be subject to prosecution and I drive by the book.

  • @fburton8
    @fburton8 Pƙed 3 lety

    Hands-off mobile calls are a definite cognitive distraction, and worse than talking to a passenger.

  • @stevehendon4076
    @stevehendon4076 Pƙed 3 lety

    There was a case a few years ago (in Wiltshire I think) where someone, waiting at a red traffic light, took a drink of water from a bottle, was spotted and given an on the spot fine...decided to contest it...took it to court...and lost.

  • @stainlesssteelrat2821
    @stainlesssteelrat2821 Pƙed 3 lety +2

    Not all vapes make a cloud of smoke loke you are smoking a bong ... mine makes less smoke than a ciggie

  • @thepvporg
    @thepvporg Pƙed 3 lety

    On a serious note... Vaping is smoking, irrespective of the thing you were told in the vaping shop or forums, the act of combustion (the heating of the oils and chemicals in to) smoke and a vapour that is not water, don't fool yourselves, its the same sort of chemical as a fog machine uses like in night clubs and is also used as an airplane de-icer...
    It is a desiccant, it absorbs water and dries the lings and air ways. The claim that its only water vapour is only ignorance. It is not water vapour, what it is in reality is a combination of exhaled vapour, lung CO2 gasses, some water vapour, condensing nicotine that didn't gassify will deposit on the surrounding surfaces waiting for people to absorb that residue through their hands.
    In days when smoking cigarettes in pubs was the norm, the walls would become sticky with nicotine deposits, the decorators would have to suit up to wash the walls before painting because it is dangerous and deaths had occurred from too much nicotine intake, absorbed through the skin.
    Suggest vapers look up what too much nicotine does to the body, nicotine used to be used as a pesticide so this handling issue is well known by farmers.
    So vaping is just as bad as normal smoking, it may seem to be cleaner, it is however, no different than smoking regular cigarettes in a confined space, public spaces, in the home, its no different.
    Don't fool yourselves.

  • @TheFlyingBusman
    @TheFlyingBusman Pƙed 3 lety +1

    I honestly have no idea how some of them see out. It’s like a permafog inside the vehicle. Similar applies to the numpties that slap their sat navs (which they follow religiously despite heading into a hazard) right in the middle of their windscreen. Far too many distractions in vehicles today.

    • @jamingaming9251
      @jamingaming9251 Pƙed 3 lety

      Seeing out is easier than seeing in.
      The photons come from the outside, they bounce around the inside until you see them.

  • @sc3Eptic
    @sc3Eptic Pƙed 3 lety

    As it is a hand held device aside from the term "smoking" it posses a problem when driving and that would be the main offence and driving without due care and attention.
    Even a phone mounted in such a way it obstructs a portion of the road ahead could amount to an obstruction of view.

  • @psp0guy
    @psp0guy Pƙed 3 lety

    The law definitely needs to catch up with car technology. Infotainment screens are getting bigger basic functions of the car like temperature control are now sometimes hidden within menus on the touch screen.

  • @purplepanther4302
    @purplepanther4302 Pƙed 3 lety

    Not all vaping produces a 'huge cloud' and there is no coloured vape so no idea what you saw. Smoking, eating, drinking and vaping can be considered driving without due care and attention.

  • @Simon-ho9db
    @Simon-ho9db Pƙed 3 lety

    I was shocked to learn on another channel that traffic laws apply on private land if the public has access to it. Is this true?

  • @wayneclayton5916
    @wayneclayton5916 Pƙed 3 lety +1

    Don't drive in the rain or snow then!!!đŸ€”đŸ€š

  • @stevepartridge5137
    @stevepartridge5137 Pƙed 2 lety

    So turning your heater on now becomes a distraction.

  • @daveking5680
    @daveking5680 Pƙed 3 lety

    Thanks again and hope lots of vaping drivers see this and think again. I'm I correct in thinking that the drivers would still be liable should any of the passengers cause issues?

  • @marksnellingphotography
    @marksnellingphotography Pƙed 3 lety +3

    Driving at speed with blue lights and sirens going is also a distraction.

  • @DjNikGnashers
    @DjNikGnashers Pƙed 3 lety

    People who smoke or vape should be able to drive without prosecution.
    I mean. come on, they are sad enough people as it is, being addicted to a pathetic habit like that, without sending them to jail.

  • @IamNasman
    @IamNasman Pƙed 3 lety

    I do vape, I don’t vape as my car moves, occasionally ill have a puff if stationary, (parked, engine off), but not if there’s loads of cars/ people around me as I don’t want anyone to have to breath it in. Vaping in the car would be an issue as it will cause the windows to steam up and as its an oil based vapour steam the blowers wont shift it, so it would really block your vision and wiping it would smear rather than clear.

    • @IamNasman
      @IamNasman Pƙed 3 lety

      @@nemesis2264 all vapes are oily, that’s the VG bit. Ok, its not actual oil, like olive oil but it’s definitely oily to the touch and oily on windows, which was my point, I’m sorry if i misled anyone.

    • @astrecks
      @astrecks Pƙed 3 lety

      It's true, there is a residue that can build up on your screen, but if you never smoked or vaped, a residue from your normal breath would build up too. There are products you can buy to clean your screen occasionally, and dare I say, a little warm and vinegar will do the trick now and then...

  • @tomsheppard378
    @tomsheppard378 Pƙed 3 lety

    If it's their first time vaping they may not be aware how much smoke they emit

  • @ColinMcCormack
    @ColinMcCormack Pƙed 3 lety

    Seems like you have identified several stimuli, but have not demonstrated that those stimuli necessarily distract due attention from the road.

  • @amandabriggs1210
    @amandabriggs1210 Pƙed 3 lety

    My boyfriend would say im a distraction in lots of ways! Bloody hell acident waiting to happen 😂😂thankyou for sharing this,

  • @liamscott555
    @liamscott555 Pƙed 3 lety

    Think it comes down to practicality, more the eating and drinking, if its one or 2 sweets or crisps and the location of them is easily accessible to the driver such as a close by cup holder, then the level of distraction is no more than changing gear, something the most competent driver could do, the same with a sip of water or coffee, tucking into a massive burger that's falling apart in your hand however, i can see the concern, the road as stated also determines, if you're on a motorway with cruse control on then its not a massive visual or cognitive distraction, by that same definition listening to the radio could distract you, so i assume, at the end of the day its all relevant to your ability to safely control the vehicle. At the end of the day its down to the mood of the police that catches you, i'd like to think though that inform over enforce would apply, you have an air freshener blocking your view, you move it, the policeman wouldn't be such an, well you can imagine the word here, and wouldn't fine you over it because you're compliant, most of the police are like that, they want to inform and if you comply won't fine you over it.

  • @fergusdangerfield156
    @fergusdangerfield156 Pƙed 3 lety

    I no longer smoke and I don't vape but this was very interesting than for posting. Are you a prosecution barrister or defence or both??

  • @750triton
    @750triton Pƙed 3 lety

    Devices stuck to the windscreen ought to be more vigorously policed imo. Some are right there in drivers view and often multiple devices and no, private hire cars and taxi's should not be exempt or given leniency. As bad or worse than mobile phones because they physically block the drivers view. Like a gun to the head of motorcyclists, cyclists and pedestrians

  • @businesseXpress1
    @businesseXpress1 Pƙed měsĂ­cem

    Thanks for the useful info Daniel.

  • @isladurrant2015
    @isladurrant2015 Pƙed 3 lety

    Huge 4x4s with heavily tinted screens obscure my view every day... can I ask police to prosecute them or would a shotgun suffice? đŸ€”

  • @barryw9480
    @barryw9480 Pƙed 3 lety

    I best not turn the stereo on or change the channel. Got forbid if I have a passenger in there with me.shhh,I can't talk.

  • @harryflatt9046
    @harryflatt9046 Pƙed 3 lety +2

    uk laws are ridiculous how can the public go about getting them changed?

    • @BlackBeltBarrister
      @BlackBeltBarrister  Pƙed 3 lety +4

      Vote for a party you believe represents the values you hold and encourage them to create Bills to that effect

    • @wjf0ne
      @wjf0ne Pƙed 3 lety +1

      Harry Flatt
      It's about health and safety of others and I suppose yourself. The same health and safety excuse they use to negate the joke that is called the Human Rights Act whereby every right can be dropped, and as we know, was during the scamdemic with the only people allowed rights being the ones who came here in the back of lorries or on a dinghy.
      How on earth can a mobile plod know if your vision is obscured by vape smoke unless he is sitting in the car beside you?
      All it can do is judge by the state of your driving, e.g. if you swerve late to avoid an obstruction that should have been seen earlier and a more reasonable maneuver made to avoid it.
      By the way Harry, make sure your passenger doesn't break wind as that could be an auditory distraction and them rolling down the window to let it escape could be a visual distraction, and make sure you don't fan your hand in front of your face to remove any scent as that too is a distraction.
      Most importantly, don't vape because brain damage can disturb plods olfactory nerve and that cherry flavored vape smoke will most certainly be mistaken for weed and you will spend the next hour at the road side while plod searches your car.

  • @ricardomroberto
    @ricardomroberto Pƙed 3 lety

    why isn't vaping banned indoors like smoking? I don't mean a separate law, I mean why isn't it considered a form of smoking. Just because it is called "vaping" the particles produced are not purely water but are a form of smoke

  • @iainmcalle7096
    @iainmcalle7096 Pƙed 3 lety

    Hi you have to press a button 5 times to activate a vape

    • @astrecks
      @astrecks Pƙed 3 lety +1

      No, pressing 5 times switches the battery on or off, a safety feature against accidental button pressing if it is in your pocket or bag. Once on, the device is active for use with a single press.

  • @janethammond5925
    @janethammond5925 Pƙed 3 lety

    I know this question isn't about vaping but I would be interested to know what the legal position is if a driver is caught speeding in the case of an emergency. Several examples that have happened to me (I was a nurse) involved medical emergencies where I was called to my place of employment in the middle of the night...another time I drove a friend to hospital as she was giving birth. In both cases I drove faster than the speed limit, though not recklessly in my opinion. Whether the driver is a medical person or not, is it acceptable to go over the speed limit if there is some kind of emergency? I'm just interested where the law (and the driver!) stands in this position.

    • @PhantomMark
      @PhantomMark Pƙed 3 lety

      If it is a genuine emergency the cost is irrelevant, I think that is the attitude you need to have, the law doesn't really seem to care much about the real world, more concerned with punishing and fining people these days.

  • @ianthrasherwood
    @ianthrasherwood Pƙed 3 lety +1

    so a cognitive distraction in the car can be the wife & kids hehehehehe

  • @stephenmason5682
    @stephenmason5682 Pƙed 3 lety

    And let's all sing and arm dance while driving for good measure! As seen on TV?

  • @hrob20
    @hrob20 Pƙed 3 lety

    This sounds very weak and fabricated. In order to avoid double standards they have to ban kids, passengers, coffee, drinks, music, gps from cars and also to forbid driving in rain/snow (as it is a much bigger visual distraction than any vapour in the car). These all could fall into the same distraction categories. "Looking for on/off switch to operate the vape" - how is it different then operating windshield wipers/indicator or just shifting gears? unless it's the very first time you are using a device, you know automatically how to use it.

  • @korbin70x75
    @korbin70x75 Pƙed 3 lety

    Just leave the window open and be vigilant of everything going on around you, via the mirrors on your car and your better sense, and respect, of the systems that are there to keep us all safe whilst driving safely!

  • @robchissy
    @robchissy Pƙed 3 lety

    i disagree, when vaping, most people will put the vape machine in the same place every time as i do and don't need to look where it is, can do it with feeling, the smoke created may look like a lot, but has never obscured my view. being denied the right to vape can cause more problems as some, (quite a lot really) will need their hit of nicotine and if denied that can take attention off the road as they will be thinking abut it

  • @JackDinn
    @JackDinn Pƙed 3 lety +3

    Stop saying "smoke" There is no smoke involved. On a separate subject, sounds like it could be a crime to drive on a cold day with visible breath because they are exactly the same substance and process (water vapour).

  • @PurityVendetta
    @PurityVendetta Pƙed 3 lety

    I don't vape or smoke so have little personal experience but I was wondering if there was any legal precedent set by any test cases? I find your explanations of sentencing guideline interpretation fascinating.

  • @Jack-fs2im
    @Jack-fs2im Pƙed 3 lety

    road casualties plummetted in lockdown.

  • @wainedodd8055
    @wainedodd8055 Pƙed 3 lety

    But you can drive in fog and storms.

  • @sallybennett7869
    @sallybennett7869 Pƙed 3 lety

    I'm going back to the horse drawn vehicle!

  • @milksheihk
    @milksheihk Pƙed 3 lety

    Some vape devices are activated by the act of sucking on them.

  • @dogood8095
    @dogood8095 Pƙed 3 lety +2

    So ban billboards thay are made to distracted you

    • @BlackBeltBarrister
      @BlackBeltBarrister  Pƙed 3 lety +2

      I have said this for ages

    • @dogood8095
      @dogood8095 Pƙed 3 lety

      It's just another way to collect moor money from the people in fines we live in a twisted world

  • @JoeBLOWFHB
    @JoeBLOWFHB Pƙed 3 lety

    So then raping while driving is a fineable offence? Good to know.

  • @paulhammersley4562
    @paulhammersley4562 Pƙed 3 lety

    it's a given the "police" will try and screw you for anything, real or not,

  • @cktodd5594
    @cktodd5594 Pƙed 3 lety +3

    Start by banning all driving with children in the car! What nonsense

  • @bfdmanbfd
    @bfdmanbfd Pƙed 3 lety +1

    So what about a on board anpr computer in a police car
    Which is just like been on the phone
    But yet police can do that
    I got pulled over 2 days ago the police followed me for 5 minutes
    And of which his eyes was on the computer 80%of the time not the road
    Am sure that driving without due care and attention

    • @PhantomMark
      @PhantomMark Pƙed 3 lety

      Police don't abide by the same rules, that is very evident, that is why it is ok for them to do 120mph in a 30mph zone because they have a little blue light flashing and they have done some "driving course", which isn't a bad driving course to be fair, but still doesn't make them safe doing 120mph in a 30mph zone because they have their little blue light flashing !!!

    • @bfdmanbfd
      @bfdmanbfd Pƙed 3 lety +1

      @@PhantomMark I know
      I was a passanger of my partners car which also had my kid and we got smashed into by a police car
      Going through a red light at 40 mph plus
      And tried to put the blame on my partner saying it was her fault for continuing though a green light
      And at the same time they had suspected that me (the passenger) was the driver
      So it just goes to show how much care and attention the pay while driving around at high speeds
      Check out the video on my channel

  • @spectre2635
    @spectre2635 Pƙed 3 lety

    Are these fines really needed? A system that is more likely to take your license away, but without fines, would be much more fair. Its just another way of sucking wealth out of people, that disproportionally affects poorer people. The current system is like, 'oh we will take your means of earning an income away from you AND weigh you with debt that you will be dead before you can fully repay'. Just increase the points for offences and get rid of fines. This is why you have stupid rich kids driving round being arseholes not giving a fuck because they know they can just pay it off, while someone who is living hand to mouth going a few miles over the limit (because maybe they are not from around the area and the signage is not clear), gets totally for fucked for making a mistake, which they now have to live with.
    The only thing that should carry a fine should be maybe really serious offences like drink/drug driving, because that is a situation where invariably the offender has gone out of their way to reduce there inhibition's and put the general public at risk.

  • @MrRedeyedJedi
    @MrRedeyedJedi Pƙed 3 lety

    Making a comment on taste....without making a comment on taste technically.. how very lawyer..ey. lol. In fairness, these laws are pretty reasonable. The only thing that is considerable in terms of this being abused, is the part of the considerations regarding harm, where how populated an area is considered as "harm" and contributes towards an offence

  • @tristaylor5492
    @tristaylor5492 Pƙed 3 lety

    Smoke?