Dr. Johnson Fined For Using Phone While Driving
Appearing in Magistrates Court this morning [Dec 17], Dr Christopher Johnson was fined $500 for using a handheld device whilst driving on Harbour Road, Paget, on 4th July 2014.
At this morning’s hearing, Magistrate Khamisi Tokunbo did not accept Dr Johnson’s defence that he was using a cellphone in order to check on an address in response to a medical emergency.
Dr Johnson told the Magistrate that as a past member of the Road Safety Council, he had helped draft the legislation, while Dr Johnson countered that the legislation provided for doctors using cellphones in response to medical emergencies.
Dr Johnson told the Magistrate that he would appeal the judgment, and the Magistrate gave Dr Johnson two weeks to pay the fine and also wished Dr Johnson ‘good luck’ on his appeal.
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I’m with the magistrate here. Pay the fine and don’t do it again. Cell phone laws should be all-encompassing.
So does that go for Police too ?
If police have two-way radios in their vehicles then there’s no reason for them to be on a cellphone while on patrol or answering a situation.
The police do it every day. Maybe people should start taking photos of them on there cell phones driving?
well we had police officers taking photos “planking” a while back, and we to this day see officers getting involved in crashes, or driving in dubious fashion, so maybe it could be looked into.
Police vehicles are exempt from this law , some information cannot be passed over the radio
Well they need to get a thing and stick it in their ear.
WTF
Nonsense, the radios are encrypted.
…because plenty of them used a handheld device (cellphone) while driving…INCLUDING MPs!!! I’ve witinessed it with my own eyes!
I’ll agree that what some people are getting booked for regarding the use of devices in their cars is absurd, here we have a case where apparently somebody feels that a law, as stupid as it may be, does not apply to him.
How much office billable time is he going to lose fighting this dumb fine & will likely still have to pay?
AHAHAHAHAHA BOOK UM!!! MERRY XMAS DOC!!!
Harbour Road is the worst place to be doing this. Surely this should be an increased penalty zone.
He could have pulled into a side road, stopped and then used his phone.
If it were a medical emergency, wouldn’t an ambulance have been dispatched?
Pull over on harbour road…be reasonable now
Another one that the “rules don’t apply to”
You are a doctor !!!!! Making $$$$$$
Buy and stick something in your ear like the rest of us.
If not, pull over.
I hope the appellant judge ups your fine.
Well at least he didn’t hit someone while on the phone… this time….
uuuuuuuuuuuuuu,,, Interesting use of words there,, haha,,, But back to reality, wasn’t he a member of the Road Safety Council?? I could be mistaken.
He was, which makes this infraction doubly cringe-worthy and reflects badly on the RSC.
If the RSC is asked to comment, I trust they’ll come down on the side of the law (and common sense).
Read!
Yes boss, I am certainly guilty of lack of due diligence in this instance, my bad..
Ha Ha!
You helped to draft legislation and what, thought you were above that legislation? Pull off of the road next time!
He’s a Doctor,the Magistrate is not,the Doc should have won the case.
Sky… The Dr needs to prove that there was a medical emergency and that he was attending to such. Him saying ” I was checking the address of a medical emergency” is not evidence. He lost the case because he offered no evedence to prove his case. I can’t see him willing an appeal, but with our legal system who knows!
Simple case.
Check his cell phone records or shut up and pay the fine.
Law is law.
Shalom.
If Dr. Johnson was sufficiently engaged in the drafting of the legislation, he would know that he must prove he was responding to a genuine emergency AND that it was unsafe or impracticable for him to cease driving. There is nothing in the legislation that doctors have special privilege to use cell phones. Perhaps he should know a lot better and set a much better example.
Oh oh , he has his claws out !
Some think they are above the law!
While I absolutely hate seeing people let their cell phones rule their life and talk on them while driving , IMO if there is to be any ,and even only one , exception to the rule it would be doctors.
No one else, ever !
Now , he says that the law makes a provision for the exemption of doctors .
Whether this is true or not I do not know , but bring the appeal on . I look forward to the outcome.
btw, on a 5 mile commute today I spied 11 people talking on their damn phones and their license plates did not begin with 110– . In fact 2 were in trucks.
Implementing the law came at least 5 years too late, it’s now an ingrained habit amongst us. We’ll get the traffic blitzes every now and then, but otherwise, business as usual.
there are quite a number of Dr.’s who do not save lives just have a doctorate… The law applies to all or none… Emergency vehicles are only allowed access, speed throughways where others are not…there are people like Dr.Grant Gibbons and Dr. Eva Hodgson, should they be exempt as well?
It would be obvious to a normal person that I was referring to doctors in the sense of medical ‘people’ doctors.
And as PB alludes to , it doesn’t take long in Bermuda before bad behavior becomes ingrained .. almost as if it’s a right .
Sorry , but my safety on the streets comes before your stupid phone call about nothing that can’t wait 5 minutes.
Remember how we used to make out when phones were permanently affixed to the wall of your house ? No , probably not.
pretty sure Toodle-oo is referring to MDs.
The Police and politicians are the only people that are exempt from this law. Pay the fine mate.
What about the Fire Service and Ambulances? Of course they would never get in an accident using hand held devices. Taxi drivers, tour buses?
The civil service and those who make the laws are so self important they feel exempt from the ordinary Bermudian who they regulate and demand compliance to the state. This is typical of those in power over others with their “do as I say not as I do” it’s one rule for you and another for them. Shame.
Emergency vehicles are exempt from some traffic rules when responding to genuine emergencies.
Their drivers have very advanced driving skills and they use sirens and warning lights.
A doctor on his way to see a patient is not responding to an emergency. If it was an emergency, you would call an ambulance. Furthermore, a doctor does not have advanced driving skills, and does not have lights and sirens.
Dr Johnson has to respect other road users. Pull over safely, make your call, and then proceed to your dr’s visit with due care and attention.
Maybe he was calling the RSC to tell them he was talking and driving at the same time,oh and he’s a doctor too.
Pay the fine Capt Genius……OLE!!!!!
Hand-held mobile telephones and other hand-held devices
44 (1) No person shall drive, or cause or allow any other person to drive, a motor car on a road if he is using—
(a) a hand-held mobile telephone;
(b) a hand-held device that can perform an interactive communication function by transmitting or receiving data, other than a two-way radio; or
(c) a hand-held electronic entertainment device that can produce music or gaming systems (wireless and non-wireless).
(2) A person does not contravene a provision of this regulation if, at the time of the alleged contravention—
(a) he is using the mobile telephone or other device to call the police, fire, ambulance or other emergency service;
(b) he is acting in response to a genuine emergency; and
(c) it is unsafe or impracticable for him to cease driving in order to make or receive the call.
(3) For the purposes of this regulation—
(a) a mobile telephone or device referred to in regulation 44(1) is to be treated as hand-held if it is, or needs to be, held in the hand at some point in order to operate it;
(b) “interactive communication function” includes the following—
(i) sending or receiving oral or written messages;
(ii) sending or receiving facsimile documents;
(iii) sending or receiving still or moving images; and
(iv) providing access to the Internet;
(c) “two- way radio” means any wireless telegraphy apparatus which is designed or adapted for the purpose of transmitting or receiving spoken messages;
[Section 44 inserted by BR 41 / 2010 s. 2 effective 30 June 2010]
Prohibition of display screen visible to driver
45 (1) No person shall drive, or cause or allow any other person to drive, a motor car that is equipped with a television, computer or other device with a display screen on any road if that display screen is visible to the driver of the vehicle.
(2) Paragraph (1) does not apply in respect of the following—
(a) a global positioning system navigation device that has no other function than to deliver global positioning for navigation;
(b) a logistical transportation tracking system device used for commercial purposes to track vehicle location, driver status or the delivery of packages or other goods;
(c) a collision avoidance system device that has no other function than to deliver a collision avoidance system; and
(d) an instrument display screen that is used to provide information to the driver regarding the status of various systems of the motor vehicle.
[Section 45 inserted by BR 41 / 2010 s. 2 effective 30 June 2010]
Exemption
46 Regulations 44 and 45 do not apply to the driver of an ambulance, a fire-fighting vehicle or a police vehicle.
It is a poorly drafted law. Another PLP legacy issue.
agreed, they tried to do too much for what should have been simple legislation, and made a mess out of things.
Can we please stop this nonsense of criticising absolutely everything done during the time of PLP Government. This particular piece of legislation is well drafted and comprehensive. Dr. Johnson is clearly not exempt from the law just because he’s a doctor.
On reading the relevant legislation as kindly provided by “The Dark Knight Returns” it appears that the Dr. Johnson’s only chance of avoiding conviction was to prove that Section 44 (2) (b) and (c ) applied to him, that is, he had to prove that he was acting in response to a genuine emergency; and it was unsafe or impracticable for him to cease driving in order to make or receive the call.
Surely, he had to prove this in the Magistrate’s Court hearing, and he failed to do so. Yes, he can appeal but chances are this case is closed!
It’s a poorly drafted law.
An ipod can be used in a car whilst connected to the sound system, without it being touched. According to the law, that is illegal. Ridiculous.
A phone can be used in a car entirely hands-free. According to the law, that is illegal. Again, not logical.
Poorly drafted.
That’s why dashcams are illegal in Bermuda, although the police can use them. They just choose not to.
…although the dashcam may be legal if the screen is not ‘visible to the driver’. So, if it’s covered with tape, maybe it’s not illegal. Again, there is a potential ambiguity in the law.
@Go Away – the Police and Politicians are not exempt from using cell phones while driving!
Never fails to amaze me how little rules of the road local residents know!!
Someone told me last week that you can only overtake on a white line!! Haha – nutter!
As for Doctors and 110 veh #’s they are supposed to be solely for work use! How many do you
see on the road with cycle racks on the back and the Dr’s wife using it to take the kids
to school! Naughty naughty! Nobody obeys the rules of the road anymore the Police have
completely lost control!!
Rock Watcher, actually the police are exempt from the cell phone law. Check it out.
Irony.
Only one person in the front of response vehicle?
Maybe Police.
@ Kunta and PBanks, your answer and solution is in Section 46 of the Motorcar (Construction, Equipment and Use) Regulations 1952. If you do not want police using cellphones while driving you MUST get the law changed. As it stands Ambulance, Fire Truck and Police drivers are completely Exempt from the law surrounding handheld devises.
Cheers DarkKnight for posting the relevant Act.
If Dr Johnson is claiming exception 44 (2)(b), he’d have needed to provide evidence of said call, right?
Just don’t do it. It’s dangerous for me and for you….respect others using the road, pull over….but….PLEASE pull over where its safe and you are out of the way….OMG….double parking on front street chatting on the phone ain’t right either!!
Reminds me of a certain lawyer who fought a speeding ticket. Something about the radar signal bouncing off the radiator fan giving a false reading.
Some folks just think that they are special.
Life is not fair. Sometimes it is best to pay & be on your merry way.
Isn’t he just a doctor that performs Plastic Surgery? How could that kind of work be an emergency.
There was a patient that needs liposuction right away.
A matter of perspective I suppose, to some rich socialite on Harbour Road I am sure getting the Botox injection prior to the xmas party was a huge emergency lol.
You say isn’t he “just” a doctor that performs plastic surgery?
FYI he is still a medical doctor with a specialty in plastic surgery. Plastic surgery is still surgery and one can have complications (sometimes life threatening) from this type of surgery.
What do YOU “just” do for a living???
lol you’re a joker. I bet you he isn’t doing surgery at peoples homes. So what you said still doesn’t make sense. Oh and FYI it doesn’t matter what kind of doctor he is, it’s still against the law for him to drive while opperating a cell phone.
The only joker is you!!! Learn how to use proper grammar before you go around calling people “just” a doctor.
Plus, reading comprehension is obviously not your strong skill. I never defended him one way or the other. I simply pointed out to you that doctors that do plastic surgery are still medical doctors…since you didn’t seem to know that.
ems…EMS…he might be requireded to advise in emergancies over the phone…in a time sensitive situation.