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NIGHT WATCH
Page 44
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QMy employers operate a night trunking run and we always have two drivers. On a journey to Cornwall my mate was watching TV and I am being prosecuted for driving with undue care and attention. Surely this is wrong?
JR, Chelmsford A1 think the summons may be wrong but, under Regulation 109 of the Road Vehicles (Construction and Use) Regulations 1986, "No person shall drive, or cause to permit to be driven, a motor vehicle on a road, if the driver is in such a position as to be able tc see, whether directly or by reflection, a television receiving apparatus or other cinematographic apparatus used to display anything other than information:
a) About the state of the vehicle or its equipment.
b) About the location of the vehicle and the road on which it is located.
c) To assist the driver to see the road adjacent to the vehicle.
d) To assist the driver to reac his destination.
The legislation stems from thE PSV industry where drivers were being distracted by onboard videos. If the prosecution can prove that you would have been distracted by eithei direct vision or reflection you have a problem.