[Drivingforfun]

A horse rider pulled out in front of me today while I was driving along a 50mph long/straight road, so they had plenty of opportunity to see me coming

I don't think they even looked and when I got closer I saw they were playing around on their smartphone

Putting aside the fact I don't use my horn anyway, the option to honk wasn't even there because it might have frightened the animal

Out of curiosity, is using the phone while at the reigns an offence, or is it some kind of legal loophole?

[TC1474]

There is no specific piece of current legislation that makes the use of a handheld device whilst riding a horse. But an old law that could probably be used to satisfy this act might be what is termed as "Wild and Furious riding" under the Town and Police Clauses Act which in some cases dates back to the 1800's.

However, rule 53 of the Highway Code states that equestrians should keep both hands on the reins, unless when signalling, so they should not be using mobile phones while riding, unless in an emergency. In addition, riders should always concentrate on their surroundings so they can react quickly to any circumstance

[Beelzebub]

It's not really a loophole, it's just that the relevant law (Construction and Use Regs) applies to motor vehicles. Not animals, pedal cycles, skateboards, etc.

[Drivingforfun]

Thanks for the info, both!

[TC1474]

Originally Posted by Beelzebub

It's not really a loophole, it's just that the relevant law (Construction and Use Regs) applies to motor vehicles. Not animals, pedal cycles, skateboards, etc.

The law relating to the use of handheld devises has nothing to do with the construction and use regs, it comes under section 41D of the Road Traffic Act 1988, which is why we would have to revert back to the old town police clauses act, in particular section 28 of the Town Police Clauses Act 1847

[Beelzebub]

Originally Posted by TC1474

The law relating to the use of handheld devises has nothing to do with the construction and use regs, it comes under section 41D of the Road Traffic Act 1988,

--- which refers to "A person who contravenes or fails to comply with a construction and use requirement ...".

That requirement is detailed in section 110 of the current regs. So not quite "nothing to do".

[TC1474]

Originally Posted by Beelzebub

--- which refers to "A person who contravenes or fails to comply with a construction and use requirement ...".

That requirement is detailed in section 110 of the current regs. So not quite "nothing to do".

Yes, you are right, my apologies, but as you say that still refers to a driver of a motor vehicle, which is why I said that the con and use regs do not apply,

So I still stand by my original post.

[Rolebama]

During the first 40 or so years I lived here, we had six or so various Riding Stables in the area, all using the local woods and bridleways, and some of the stupidities I've witnessed on the roads would test credulity*. Happily, most of them have closed down now.
*Racing, riding 6 abreast effectively blocking the roads, emerging from between the trees straight out onto roads with NSLs, in the dark shining torches in the windscreens of oncoming cars, galloping and crossing roads with no indication. The worst, to me, was seeing young children on horses which they had no control over.

[bobbybrown111]

Using a phone while riding a horse isn't explicitly illegal, but it can be considered negligent and dangerous. It's best to report such behavior to local authorities. Safety should always come first for both the rider and other road users.