I’m a lawyer – these are the 3 biggest driving myths everyone believes…they could land you with UNLIMITED fines
A LAWYER has revealed three of the biggest driving law myths that catch Brits out and land them hundreds in fines.
Drivers could face penalty charges and licence points for making seemingly innocent mistakes, including using their phone hands-free.
Daniel ShenSmith, known on YouTube as the Black Belt Barrister, sat down exclusively with SunMotors to unravel some of the most confusing aspects of the Highway Code.
First of all, he tackled an insurance myth which could see you slapped with hefty bills.
He said: “A common misconception that pops up is that people usually thing that if you drive into the back of somebody then you are automatically liable and vice versa.
“That is not always the case.
“We first saw this rear its head with the deliberate brake checking, with people making over road users drive into them and then claiming against them.
When the phone is in some sort of cradle…it’s more nuanced
Daniel ShenSmith
“[But] I’ve seen many cases…where some vehicles have, let’s say, joined a lane late and it’s because of their late joining…that a vehicle has gone into the back of them.
“Then that vehicle they cut in front of went into the back of them but it’s clearly not their fault…you can see how these scenarios very quickly become complicated.”
To help avoid any issues, including the so-called “cash for crash” scams Daniel referenced, he recommended getting a dash cam so you could provide evidence in such a situation showing it wasn’t your fault.
And he reminded drivers that police will need an extended clip of the time before and after any crash to properly establish liability.
However, he did warn that he has seen people prosecuted after submitting videos they think show their innocence, only for cops to spot a driving offence elsewhere in the clip.
Secondly, Daniel explained some of the more niche aspects of the rules around mobile phone use.
Many might think that it’s fair game as long as you use hands-free but you could still land yourself in the dock.
He said: “When the phone is in some sort of cradle…it’s more nuanced because you can interact with it as long as it doesn’t distract you from driving.
“If you can see directly or indirectly any cinematographic device, so any screen that shows you video, you’re not allowed to use that.
“So if you’ve got your phone in a cradle and it’s showing you a video call or a live stream or something like that and you’re just glancing at it, that would be a breach.
“[You can only use] anything for the control of the vehicle or displaying navigation, things like that…all of those are exempt within the regulations.”
Likewise, many don’t know that the same regulations also cover the increasingly popular touchscreens being used in infotainment systems.
So if you are fiddling with your playlist or even live streaming your journey on social media and you are involved in a collision, you could land yourself an unlimited fine, driving ban and penalty points.
It’s a test at a point in time
Daniel ShenSmith
Finally, he revealed why your MOT is not actually any guarantee that your vehicle is safe to be on the road.
The courtroom whizz described the legally-required test as a “snapshot” that only certifies your motor for the time it was carried out.
While it only has to be performed annually, it doesn’t necessarily qualify your car as roadworthy all year round.
Daniel went on: “The MOT is a legal requirement to regularly test the roadworthiness of a vehicle but that’s all it is.
“It’s a certificate that, at that moment in time, it was safe.
“It’s a test at a point in time.”
If you subsequently sustain any damage which means the car is not in a safe condition and you are then involved in a crash, your MOT will be little more than a piece of paper and your insurance likely won’t pay out.
Even worse, if you were aware of the damage and didn’t get it repaired, you could be found criminally responsible, resulting in driving bans, fines or even a prison term if the smash is fatal.
