Lorry driver gets 10 year custodial sentence

[AdrianW]

This article is being cascaded throughout our company warning of the dangers of using a mobile phone whilst driving on company business.

This driver was unbelievably scrolling his mobile phone for music.

He got a 10 year custodial sentence.

http://www.shponline.co.uk/lorry-driver ... pdate-CTA-" onclick="window.open(this.href);return false;

[witsd]

I solidly disagree with what they appear to be saying near the end (I skim-read, please correct me if I've missed something) – that it is right to punish based on the outcome rather than the risk. To me, an action is an action, and although the intent certainly matters, the outcome shouldn't necessarily be a factor at all.

[AMC1]

Same at our workplace - no matter how trivial or cautious drivers at work think they are being, it's the outcome based way of thinking - "I've done it before, no accident, I'll do it again etc. It's changing the behaviour and mindset to prevention rather than outcome based. Proactive rather than Reactive.

We have many drivers at work praised for their efforts on" green" driving under masternaut tracking, but the individual driver behaviour monitoring is seemingly non-existent in terms of enforcing their own policy.

I learnt from the adverts alone many moons ago, but then I'm quite easily pleased and compliant.

Very sad tragedy by a cause that regularly occurs in a lot of workplaces and domestic when driving.

[Blackstone]

witsd,
That is certainly an interesting point and on reading, I can understand the logic on both sides. The HSE guidance change this year does agree with your comment and does look at the intent and possible outcome.
I guess the law regarding road users is slightly different and is based on the outcome.


Something that is very saddening, is the amount of road users of all types on their phones while driving.
There was a piece on the local news last night. The M20 motorway was monitored and 15 lorry driver were photographed using their mobile phones while driving...only in 1 1/2 hours!
My good lady followed a car yesterday with a young girl swerving all over the road and clearly not in control. All because she was constantly looking down at her phone, tweeting, texting or whatever she was doing.

The sooner people realise danger could present itself at any moment while driving and stop with the distractions the better.

Ok rant over

[WillPool]

I have used this before as a training aid:

https://www.youtube.com/watch?v=HbjSWDwJILs" onclick="window.open(this.href);return false;

Will

[witsd]

I'm still a 'new' driver (15 months on the road), and I cannot get my head around people doing this. A couple of days ago, I had to change my sun visor to cover my right side, and then back again. Both times, although just for 2-3 seconds, there was no way I was 100% in control of the car – maybe 75% at best. Better that that not being able to see at all, but those moments still scare the bejeezus out of me, and I can't understand how people can do totally unnecessary actions such as phone tinkering and not be phased at all.

I do think there should be a sliding scale (doing it at whilst sat at a traffic light isn't the same as whilst doing 70mph on the motorway and the law should reflect that), but in every situation there should be a solid fine and at least six points.

[bernicarey]

I agree with both of witsd's main comments above, i.e. I disagree profoundly with the statement in the Article by Simon Joyston-Bechal of Turnstone Law, who says that

“The answer to this conundrum lies in understanding that society quite rightly regards the outcome as a central part of offending for this sort of unintentional risk based crime. That explains why it can be right for this lorry driver to face 10 years in jail and also right that others caught using the phone whilst driving would get points on their licence. But if that is right – and I regard it to be so – then the sentencing guidelines for health and safety offences have got things wrong in paying such little heed to outcome and focusing mostly on the harm risked.”

and with witsd's comment that using a phone should be graduated, insomuch as looking at it while stationary is different from when the vehicle is in motion.
Although we have seen overzealous Police offices make the news for issuing tickets to people eating while driving, in such cases that actually make the Press, they really are being OTT. There's a whole world of difference between eating a sweet and eating a bowl of soup.


I took this a few years back when in the States. The guy is driving with his knees (presumably) since he has 2 hands for his food which I think might have been a Chinese Take Out. His female passenger is drinking with the cup/straw you can see. We were in 2 lanes of traffic doing about 30+mph...

So I think there should be a graduated scale for such offences, such as we now have for H&S and Corporate Manslaughter.

[Waterbaby]

Articles in today's Sunday Times (online - you will need to sign-up)

http://www.thetimes.co.uk/edition/news/ ... -gxtsl9qs3" onclick="window.open(this.href);return false;

http://www.thetimes.co.uk/edition/news- ... -9pfj3z7lv" onclick="window.open(this.href);return false;

WB