Highway Code
The new Highway Code includes a revised rule 148 which now affects smokers. This reads:
148: Safe driving and riding needs concentration.
Avoid distractions when driving or riding such as:
* loud music (this may mask other sounds)
* trying to read maps
* inserting a cassette or CD or tuning a radio
* eating and drinking
* smoking
You MUST NOT smoke in public transport vehicles or in vehicles used for work purposes in certain prescribed circumstances.
Separate regulations apply to England, Wales and Scotland.
Comment
The Highway Code does not make it a specific offence to smoke while driving, any more than it is currently an offence to change a cassette, read a map or eat.
However, if any of these behaviours are coupled with bad driving, or lead to an accident, a charge of careless driving, or not being in a position to control the vehicle becomes a distinct possibility.
They can also be used to show dangerous driving, an offence which could lead to imprisonment, particularly if the dangerous driving causes a death.
A good comparison would be with using mobile telephones. Being seen to use a hand-held phone is now a specific offence (the Highway Code says 'MUST NOT'). Using a hands-free phone is not a specific offence, but provides grounds for a careless or dangerous driving prosecution in the event of erratic driving or an accident.
So, I can have a fag at the wheel as long as I drive properly at the same time (which I do). It actually takes less time to take my right hand off the wheel to have a puff than it does to take my left hand off to change bloody gear!
What annoys me?
Cyclists - you have a cycle lane provided, for your own safety and at taxpayers expense, so use it! Don't make me drive round you/avoid you/hold me up on the road, you've got your own space OVER THERE >>>>>>>>>
Grannies & Grandads doodling along, in their own good time, causing a traffic hazard & impeding other road users. Retest anyone over retirement age every 3 years.It's a known fact that reaction times slow down the older you get.
And if you can't drive on ice & snow, and aren't confident in the handling of your vehicle in those conditions, for the sake of those who can, stay at home!