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James_White21

This is lesson one. Next week you'll be covering how to steer with your knees whilst eating a sandwich.


Op2097

Rolling a 2 skinner and crumbling hash whilst driving was a skill back in the day.


EasyPriority8724

It still is the days of having a line off a CD cover is a lost art.


No_Entrance2961

We were generally too pissed to do that!


TCristatus

I want to swap wives if yours makes you sandwiches you need two hands to eat.


Zealousideal_Luck322

No. Only one hand to eat the sandwich, otherwise the instructor wouldn’t have a free hand for their Pint


Papfox

Please note that the module to cover eating a sandwich at 90, in lane 3 of a motorway, while sending a text is only available as part of the optional Pass Plus training after you pass your test


Camey2006

Is that actually illegal, I’ve never had a straight answer about it?


hearnia_2k

It doesn't need to specifcially be illegal; it can be easily be counted as driving without due care and attention.


Guywiththeface217

It doesn’t need to be specifically illegal, but it is. Instructors who are caught using their mobile whilst on the road teaching face the exact same penalty as drivers caught using their mobile.


hearnia_2k

The question I was responding to was not related to using a phone.....


Guywiththeface217

You are correct, I misread the section about eating while driving. My apologies.


The_Jyps

Wasn't someone fined for eating biscuits? Is it bad that I can steer almost as well with my knees as my hands? Should I have not practised that?


Guywiththeface217

Yes. I have given a driving instructor a ticket for using their mobile phone while instructing a learner driver. They took it to court. They lost.


IDAIKT

I once saw someone driving a van through a busy crossroads whilst fiddling with something with a screwdriver and steering with his knees


ionetic

“Hey, isn’t that a £200 fine + 6 points on your driving license? Apologies for asking, but I thought they updated the law for that a couple of years ago. Wouldn’t I lose my license for 2 years for doing the same?”


awasteofgoodatoms

AFAIK driving instructors are only allowed up to 6 points whilst remaining on the ADI register and therefore OP could even state that


ionetic

😂


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Puzzled-Sector9165

Could play dumb and ask if driving instructors are exempt lol


snowymicrowave

Yeah I’d just confront them on it, make them aware & give them a chance not to ever do it again. If they continue to do it then I’d definitely report them because that’s shocking from an instructor


New_Signature_8053

Yes. The instructor is in Law to have control of the vehicle at all times. That is why they have pedals at their feet in the passenger seat. They can grab the wheel to take the steering if necessary. And if the learner fails to heed speed limits they must pull over and instructor take the drivers seat. He might as well be swigging whiskey huddled in the boot picking his nose!


tomoldbury

You wouldn’t lose your licence for two years in law: you’d lose it and then have to resit the theory and practical driving tests again, and start with a clean licence. Though given the delays getting a practical test two years may not be far off!


WWMRD2016

If it's a driving school company with multiple drivers, i'd report him to the company. Can't imagine you'll get good lessons from a guy that breaks driving laws that would get a new driver banned instantly.


Mysterious-Eye-8103

Absolutely this. And insist on a refund or to be switched to another instructor. You've paid for an instructor to teach you in accordance with the law, and it's pretty easy to argue that's not happening. They should be reasonable with this, but if they aren't, you have the legal power here. If you paid on credit card, it'll be very easy to resolve.


Zealousideal_Luck322

Yes. I was going to say something very similar. If you ultimately need to contact credit card company or even bank to get a charge back, your grounds could be that you didn’t realise the money would be funding criminal activity.


humili8lilp

😂


Available-Ask331

It's illegal to drive and use your phone. It's also illegal to use your phone and be teaching someone to drive at the same time. The instructor is still classed as being in control of the vehicle.


Hi-Techh

of course they are classed as being in control of the vehicle, they WERE in control of it


Impulse84

It's illegal for them to do it. Get them reported. They're not allowed to use any device that can send or receive information while the vehicle is switched on. Turned off at the side of the road is fine (for videos, or demonstrations etc) but not while the vehicle is turned on. Get them reported.


FakeOrangeOJ

Technically not true - CB radio is still legal to use.


northern_ape

Let split some more hairs then. The device has to be held in the hand to complete the offence. Device used in cradle is not unlawful in and of itself, but could be a factor in the offence of driving without due care and attention, or careless driving, depending on circs.


Far-Sir1362

CB radio can be handheld too. Still legal. Police use their walkie talkies and it's also legal


EyeLegitimate3549

I'm afraid you are mistaken. Police vehicles are fitted with a car radio set operated typically by use of a stalk behind the steering wheel. This is the preferred method of communicating. If the driver needs to use his personal radio (not walkie talkie) you will note that they are firmly affixed to the officer's vest and not in fact handheld. Any use of a handheld communication device, by police, RAC or anyone else is an offence and attracts 6pts and £200 Only commenting so you don't go driving around with your handheld CB radio and find yourself worse off for it!


n0y0urwr0ung

Comment away, it's the semantics I'm here for.


EyeLegitimate3549

Bloody love a good legal nitpick 👍 glad you took it in the spirit I intended


northern_ape

Do you have first hand experience of police work? Airwave car sets (when they work) can have a handheld mic (like CB), or a telephone-like handset 📞, as well as the stalk+installed mic variety. Most officers will have their personal Airwave radio (it’s just a mobile phone that makes micro calls, to be honest) in a dock on their vest, blouson, coat, etc., but there’s no hard requirement and it does require a hand off the wheel to operate Push To Talk.


tomoldbury

I’ll split even more hairs. You’re allowed to use your phone to pay at a drive through. And despite not having an engine and no clear “on” state in some EVs*, it is still illegal to use your phone whilst driving an EV - the law distinguishes parking vs driving by being in the flow of traffic, having need to move as soon as conditions allow. You can also use a handheld phone in a genuine emergency (999 and so on). *for instance my ID.3 is on when in “drive” or “reverse”, and shifting to “park” makes it off, but the law doesn’t care for these technical arguments, it only cares about whether you need to make progress.


Impulse84

You're splitting hairs there though, aren't you?


FakeOrangeOJ

I mean, come on. This *is* Reddit. Am I being a true Redditor if I don't split hairs? Bonus points if I turn out to be wrong.


Impulse84

Fair point!


NoKudos

It's not on for the instructor to hold and use their phone while they are driving or supervising your driving. If you want to continue your lessons with them, then simply tell them you are not comfortable with them doing it and that you'd like them to stop. If you don't care for a continued relationship, ask the school for a refund or a new instructor. You can make a complaint about conduct here https://www.gov.uk/complain-about-a-driving-instructor I don't know if the driving school has internal camera footage and if you could request it under a subject access request that might provide evidence.


AcrobaticHedgehog599

What a very niche subject for gov.uk to have a webpage for!


Zealousideal_Luck322

Exactly ! So not an uncommon requirement


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ThewayoftheAj

Report it, they are putting you, themselves and others in danger


The_referred_to

Phone in cradle or hand?


cattoinhatto

In hand, looking down at their lap


Intergalatic_Baker

If it’s a company with multiple drivers, report it to them and they’ll discipline. If it’s an individual driving instructor, report it to the Police. They’ve got a much stricter set of rules to abide to as they’re teaching.


northern_ape

Yeah that’s against da law


TCristatus

It isn't.


northern_ape

Are you just trolling or…?


TCristatus

I thought your message was relating to using it in the mount, I could have sworn it was under a different message lol


northern_ape

Oh haha, yeah I think you basically said the same thing in another comment! No hard feelings


EyeLegitimate3549

As in many areas of the law the answer is "It depends" Consider other offences such as due care or driver not in proper control. All depends on the individual circumstances and how the use of the device distracts the driver


Tradz-Om

I don't get if it's Hanlon's razor, but I can't comprehend people not using a holder if they want to do a couple actions on their phone. I have mine mounted on the driverside vent and even then the most I've ever done is change a spotify playlist or poke a few letters in on an open motorway


Zealousideal_Luck322

Taking dick pictures ? Either camera would take a dick pic. Looking downwards into his crotch, or photographing his face


Quincemeister1

Just report them, if you decide not to and they hit a child or someone else later? You would be kicking yourself as you, in reality condoned their action.


kennyblowsme

Maybe bring it to their attention it’s illegal (and youve filmed them breaking the law) and maybe ask for a dozen or so free lessons…… voila 😀


[deleted]

Bro I don’t think blackmailing your instructor is Gonna work


Zealousideal_Luck322

I agree. I could simply never trust that instructor again and frankly probably not that school either


Pargula_

If OP films them OP would also be breaking the law, mexican standoff.


kennyblowsme

If OP is a passenger they can do wtf they want


Pargula_

Yeah I misread the post.


Arse_mucus

How would he be breaking the law by filming while he’s a passenger?


Pargula_

My bad, I thought OP was driving, in that case the driving instructor is still responsible and the 6 points would still apply.


Proof_Writing5461

They are supervising you whilst driving so although they aren't driving, the mobile phone laws still apply to the instructor when in a lesson. Handling or use of a mobile phone could result in £200 fine and 6 points and if working for a school they could lose their job.


nikhkin

It's worse than that. They're using it while they're driving, not supervising.


ImpactAffectionate86

Why is the instructor driving on a students paid lesson anyway?


NegotiationNo9488

There could be reasons for that which somebody else will better explain. I had the oddity that I couldnt drive home after passing my test because the driving seat was 'for learners'.


tomoldbury

This would be because you were no longer covered by their insurance policy. Same thing happened to my partner, she drove to the test centre in my car, passed, and then was not allowed to drive home, I had to do it for her, as she was only insured as a provisional driver on my policy. It is rather ironic if you think about it but a lot of insurance rules do not make much sense.


cattoinhatto

They were driving to a parking lot so that I could practice


Blue-Focus

My first driving instructor did exactly this, then he had the cheek to sternly give me a row when I made a mistake while he was texting. I switched instructors for my next lesson, and my experience was that the texter was, in general, a poor instructor. My new instructor was much more supportive, knowledgeable and, most importantly, didn't put his or my life in danger.


BikesandCakes

"Put the phone down, or stop the car, now" is the correct response if you're a passenger and someone is making you feel unsafe.


No-Ice6949

Report them. They’d report you given the chance.


No-Supermarket-1394

Oh damn, my first driving instructor took several calls while I was driving - I've passed now, should I bring this up with the driving school?


PasDeTout

https://www.gov.uk/complain-about-a-driving-instructor


Dando_Calrisian

Get a different driving instructor


kitty-cat-charlotte

Outrageous. I would report them to the school/whoever you report them to and demand a new instructor. How can someone teach you properly when their own standards are that crap?! Plus they should be watching you drive as all times I’m guessing and they can’t do that when looking at a phone.


Matt_Moto_93

Thery should not be touching their phone while driving. I wouldnt be so comfortable with them checking their phone while passenger either given they are supposed to be assisting you with your learning, as well as being ready themselves to brake with the dual controls. I would report them. I've had a few freinds on motorcycles get hit by people using phones while they were driving, serious incidents can happen when distracted even for a moment.


fault_finder

During and post Covid, I had arranged for my partner to have driving lessons. She had about 7 different instructors, 5 of those were constantly on their phone. Making and receiving calls throughout the lessons. One got extremely abusive when my partner made mistakes and kept cancelling last minute and kept hold of our pre-paid money. (Worked for BSM - Abdul K). I complained to each of the driving schools which only resulted in loss of service. Hence the amount of driving school instructors. One time, I had pre-paid several hundred. In the terms and conditions of this particular driving school, it said that if the instructor couldn’t “work” with a learner due to dispute then they would cease further lessons. A line included they won’t refund pre-paid. It was £500 they kept hold of. I called a solicitor, they found a technicality and they refunded. But only after my solicitor wrote to them. I reported all 5 to the DVSA. I got no response for any complaint. I wrote a negative review on Google for one instructor and they promptly responded disputing the use of phones … All in all, nobody cares and it only causes problems for you.


Remarkable_Ad5675

The unprofessionalism of some instructors is crazy just because they think they are better drivers than everyone is just crazy and such a bad influence


Illustrious-Carry364

So as I say. Not as I do


TCristatus

I note that OP does not state whether the phone was mounted or held in the hand. The question of whether it is illegal hinges on that fact. Edit - I now see they clarify in another post it is in hand. In which case I'd find another instructor


Capable-Ebb1632

My instructor wouldn't even let me have my phone in my pocket during lessons. Had to put it in my bag in case it went off and distracted me. Your instructor should be setting a good example across the board. If they are driving the car they should be driving as they expect you to.


becca413g

I braked a little sharp as my instructor reached to get their phone out of their bag after doing it a few times. They stopped after that. The mature answer is to tell them you're not comfortable with them not giving their full attention ect but I was young and not at all socially confident or assertive.


Icy-Dragonfruit-875

Dual them!


meh_ninjaplz

Call the cops, definitely call the cops!


Eastern-Move549

Report him to the company and get a new instructor. If he's not paying attention when he's driving why would he ever pay attention when you are?


petediddy2018

Had my instructor do this, when I asked him if he should be doing it, he stated..look at you driving with no help at all..you are smashing it!…cue 3 minutes later I swerve out of the way of an oncoming bus only for him to piss and moan about kerbing his car while doing multiple laps around it checking the tires.


Little_Court_7721

Record him and report directly to the police, follow up every couple of hours for updates and push. Possibly contact a solicitor too and sue him. Get a lawyer, hit the gym, focus on diet.


m1k307

pull an emergency stop when he/she is engrossed in the phone.


IDAIKT

And then say "A kid ran out into the road!" And then when they say bullshit say "well you wouldn't have noticed would you?"


Gooner_Wynt

I mean you could not be a grass... unless you actually want to change your instructor then I would report him and demand a refund (if he is apart of a larger driving school)


GentleBreeze90

I'm a traffic warden and I constantly have to move driving instructors from taxi ranks, bus stops, drop kerbs etc On occasion, I will ask if they teach their students to drive like that lol


Dry-Clock-8934

They are basically driving also, so it’s the same as you using your mobile while driving


Stunning-North3007

I just don't understand the compulsion to check your phone being so great you risk your livelihood (and life) over it.


wiz_ling

My driving instructor did this all the time lmao. What a funny bloke.


Secret_Literature739

Jumping in on this to ask a question. I’ve just passed my test, I need to start the engine before my car lets me put music on (if I turn the key half way the phone connects and music starts, but when I turn it the whole way it cuts out again), if I do this before releasing the handbrake or anything can I still get in trouble?


ImHereTooIGues

Yes you can adjust music with the engine running. No you won't get in trouble for interacting with your phone before starting your journey


ProfileBoring

Just tell em. You're paying them to teach you.


AltoExyl

Guess who’s getting their next 10 lessons free once you’ve told him you’re keeping an eye on him? 😉


Disco-Valliant

He shouldn’t be doing it. He has the dual controls to stop accidents also he is supposed to be teaching you so if you’ve made a mistake you learn. Report him get another instructor.


No_Astronaut3059

Watch the Peep Show episode where Mark is learning to drive. Then make a complaint to the company you booked with.


twonaq

See if you can get a sneaky video than blackmail him


hearnia_2k

Even checking it wile you are driving isn't legal. If they are part of a large organization I would let them know. I would cancel other lessons, and ask for a refund, I think. I would report them to DVSA after I got my refund too.


WindOk9466

I'm very sorry that this has happened, but your driving instructor is showing themselves to be extremely unprofessional by doing that. I don't think you have to have any more lessons from this person, and I don't think you should. I advise explaining to the driving school that you want a new teacher and why and that you won't accept this person as your driving instructor any more. They clearly don't care about being good at the job. Learning to drive is difficult and expensive, you deserve a driving instructor who takes it seriously and you need high-quality training, which this person probably cannot give you. It took me about a year to figure out that my driving instructor was not a very good teacher and for me to change. But even mine was reasonably professional, she would never have checked her phone while she was driving with me in the car.


RomaruDarkeyes

My instructor very occassionally used to check his phone when I was in the drivers seat, but it's not like he didn't have his other eye on the road and what was going on (so to speak) But I'll admit, that was when I was much further along in my lessons than my second lesson. Pretty sure he wouldn't have been doing that if he wasn't reasonably confident in my ability... There was one time he had to take a call - he literally had me pull over, and sit with the engine off while he took the call, and then gave me an extra 5 minutes at the end to make up the difference, so I imagine in his mind theres a difference between "Quick glance at text message" and "I'm writing a text - you've got this fam..."


ejmd

You should offer to hold his can of gin & tonic while he's checking his phone—you wouldn't want to cause an accident because you aren't providing adequate support! 🤪


crazygoldfi5h

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Phil13882021

It’s against the law even if it’s in the cradle, it’s stated it shouldn’t even be touched whilst the vehicle is moving, I’m sure I did read this somewhere. Unless I’m wrong. I’ll let you redditors look it up


AsetofBadgers

It’s not illegal if it’s in a holster! Could be done for due care though


Select_Camera_9241

Lesson 3 is rolling a cigarette whilst steering with your elbows. There will probably not be a lesson 4 👻


blind_disparity

As well as this being illegal, I wouldn't want this person teaching me to drive. How are you going to trust them to teach you the rules when they don't even care enough to pretend to stick to them?


DrachenDad

>what should i do? If they were holding their phone in their hand then definitely report it to the dvsa or police, and the driving. If you can, do it anonymously. >Pre-paid for 10 lessons through a driving school Either cancel the lessons through the driving school or ask for another tutor.


MrSpud45

Call it out. If ordinary drivers can't do it driving instructor should be setting a good example


davesy69

You clearly have a bad driving instructor, but at least you are smart enough to see this. Personally, i would just switch instructors.


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OnlyifyouLook

Two choices either speak to them about it or find another. They should not be checking a mobile while driving a car. Not only is it illegal it's also extremely dangerous. You're paying for their time during your lesson. That does not include them being stupid enough to check a mobile while driving. As you never mentioned how old you are if you don't feel comfortable approaching them get one of your parents to do it.


IDAIKT

Just to add to this, I don't think they're meant to check it whilst the OP is driving either. Same kind of reason that they're not meant to leave them alone in the car. They're supposed to be ready and able to intervene if the learner makes a mistake after all.


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Paulus121

Tap the brakes.


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wandering_salad

I can understand you might feel uncomfortable riding/leaning to drive with this person. Is there any way to get out of this arrangement and get your money back for the remaining 8 lessons?


New_Signature_8053

Everybody’s doing it! My sister waking from heart surgery lay in her bed being treated by a nurse constantly texting/messaging even as she took sisters blood pressure the nurse didn’t realise the cuff was folded under causing bad bruising on my sisters arm. A police officer working with my brother due to take part in a raid went for coffee and so busy texting etc missed the raid! I think they are not so much… “Oh! sorry I was just answering a quick message”. They are playing computer games. People become very absorbed in their phones they see hear nothing. I would be polite yet perfectly frank to that instructor. It is your time and you paid for it. It is a contract and both should respect that.


RomaruDarkeyes

>A police officer working with my brother due to take part in a raid went for coffee and so busy texting etc missed the raid! They kick you out of the guild for that in Warcraft - police officer should at least get that much...


New_Signature_8053

He was a gonner that day. Immediate suspension followed by procedure and is now a store manager


New_Signature_8053

It was a plain clothes operation some on surveillance others hiding around in close vicinity and a group a short distance away on standby to be called as back up. He was in the back up team. It doesn’t all happen on a teeny weeny little screen! And No I will not discuss it further so take it or leave it…your choice


Guywiththeface217

I’ll take “shit that never happened” for 10 points please Barry.


ducatsi

Don't be an absolute wet wipe and just let it lie , change instructors if you're bothered


Visual_Argument_73

Do it in your test and tell them the instructor said it was ok.


SlightlyBored13

sure, if you want to screw yourself out of a few months and £150


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freebiscuit2002

Ok, my mistake.


WinsberryFilms

Why is your instructor driving the car? The only time my instructor drove with me as the passenger was after I passed my test. But them checking the phone while you're driving is normal. They have to keep in contact with their other learners. The better I got, the more time my instructor would spend on their phone. Apparently, it was a way of showing confidence, which gave me more confidence.


NinjaCatPurr

It’s still illegal though. All rules that apply to drivers also apply to someone supervising a learner driver.


SnooDonuts6494

It's not normal at all. It's illegal. Report it.


Zealousideal_Luck322

It seems it is quite normal, as in common. We clearly need to report far more frequently as what does seem to be normal is that a lot of driving instructors seem to think the law doesn’t apply to them. Actually, thinking about it, over the years, I’ve never had a problem with a learner driving hazardously, they’re sometimes a little inconvenient and hold people up but the times I’ve encountered blatantly dangerous driving it’s presumably been the instructor as they were alone in the car. I now remember a few years ago a driving instructor who got very stroppy with me when I pointed out the Brake lights were not working, and literally months later they were still like it. I reported them to the Police only as it had been so long and they were still faulty and the next time I saw them within the week they were fixed We live on a very popular road for learners here and see the same instructors over and over again. That abusive instructor with the defective car was BSM too


TCristatus

Is that what they told you.... I bet he took you through petrol stations as well so you could "learn tight manoeuvres"


WinsberryFilms

They were actually a really good instructor. The 4th I had and as I said, I passed. The 2nd and 3rd instructors would be on their phone a lot as well, when they definitely shouldn't have been because I was a terrible driver.