A salesman has become the first driver to have points put on
his licence for eating a sandwich at the wheel.
Keith Pemberton was also fined £60 after police stopped
him for driving without due care.
He was pulled over and given a fixed penalty under the same law
which forbids motorists from using mobile phones.
Introduced at the end of last month, the ban covers all drivers
who are not fully in control of their vehicle.
Mr Pemberton, 29, spoke of his shock yesterday, claiming he had
no idea the mobile ban also covered his cheese and pickle sandwich.
'In my mind, I was completely in control of the car,' he said.
'You see people putting on makeup and all sorts of things at
the wheel.
'I've never been pulled over by the police for anything before
and I think three points is a bit much.'
Mr Pemberton, who sells soft drinks, was travelling between two
supermarkets in Warrington, Cheshire, when he opened the £2
sandwich.
As he drove his company Vauxhall Astra along the A49, he was
spotted by officers who were looking for drivers using their mobiles.
'A policeman stepped out in front of me and pulled me over,'
said Mr Pemberton, from Salford, Greater Manchester.
'He said I had committed an offence which was just as serious
as speaking on my mobile.' He was told the new rules, which came
into force on February 27, applied to eating behind the wheel,
as well as making or receiving telephone calls. A day later Mr
Pemberton entered his local police station to present his documents
and was met with surprise when he was told why he had received
the fine.
'The man behind the desk said he couldn't believe I had been
given a ticket,' he said.
A spokesman for Cheshire Police yesterday defended its officers
and insisted they now had the powers to act under the new law
if a driver is caught reading a map or business documents, eating
or drinking while driving.
'Much publicity has been given to the recent changes in the penalties
for motorists for using their mobile phones while driving,' he
said. 'But the law also covers offences relating to drivers not
being in proper control of their vehicle and not concentrating
fully on the road.'
The law means more drivers could end up being banned under the
'totting up' system if they accumulate 12 points.
Those who contest the fixed penalty in court face a maximum fine
of £1,000 - or up to £2,500 for drivers of buses,
coaches and goods vehicles.
The crackdown on distractions within the vehicle comes after
research suggested motorists are twice as likely to crash if they
are eating behind the wheel.
Mr Pemberton was caught eating at the wheel last Thursday.
He had his licence endorsed with three points and was fined £60
for 'not being in proper control' of his vehicle, which is an
offence under the Road Traffic Act.
He said: 'The officer could have simply cautioned me and sent
me on my way, but he made an example of me because of the new
penalties for mobile phones.
'Where do you draw the line? Taking your hand off the wheel to
change gear or to wind down your window could also be deemed as
not in proper control.'
