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Live video broadcasting the latest in driver distraction - and it could be happening on a road near you (+ video)

Periscope app from Twitter allows people to broadcast in real time - with users including a TNTdelivery driver

A free app from Twitter that allows users to livestream video is being used by drivers to interact with followers while at the wheel, including in the UK, as the footage below shows.

The practice has led a US lawyer to warn that footage could be used in court against a motorist as evidence in the event of a collision caused by the driver being distracted.

The Periscope app, which is available for both iOS and Android devices, enables people to broadcast a live video stream to followers on the network, who can interact with them by posting messages which appear on the user’s device in real time, making it fully interactive.

UK Periscope users who use the app while at the wheel include a driver from delivery firm TNT, who broadcasts his thoughts on a range of issues to his followers.

On Tuesday, during an 18-minute broadcast on the social network, he was asked by one person watching whether he was using it while driving.

He assures his audience that he is able to concentrate on the road while using the app, and also gives his views on cycle safety, although as the following excerpts from the video we captured before it expired on Periscope show, he does not appear fully focused on the road.

We alerted TNT to the usage of the app by an employee while driving one of its vans, and a spokesman for the company told road.cc: “TNT takes the issue of road safety very seriously and have strict policies in place regarding driver behaviour and the use of mobile devices.

“Thank you for bringing this incident to our attention and we will be investigating further."

Periscope is used by media organisations including the BBC, and Sky journalist Kay Burley used it to broadcast behind-the-scenes footage from the party leaders’ debates before last month’s general election.

Less serious uses, according to this article from the Guardian, include people sharing livestreams of the content of their fridges or their pets, with cats and pugs proving most popular.

But it’s users who stream video of themselves driving that is attracting concern, with a blog post from California law firm Appel & Co earlier this month highlighting the dangers.

“Our initial research reveals that too many people are using this app while driving,” says the post’s author, Thomas G Appel.

“Just a simple search on twitter for “driving periscope” demonstrates the huge number of users who are using this new app while behind the wheel.

“Many users who use the app while driving are without any passengers and often respond to written comments, indicating that the driver may just be looking for company or someone to talk to while driving. While this might seem like a cool idea at first, it is actually a very unsafe practice.

“The truth is that drivers who use the Periscope app are constantly distracted. They fiddle with their cell phone to initiate the live stream, adjust the stream, chat with viewers and pinpoint the perfect filming position.”

Appel notes that many of the app’s features “encourage the videographer to interact with his audience,” and says “while Periscope has the potential to revolutionise the manner in which people communicate through social media and video journalism, it should never be used by someone who is behind the wheel.”

He adds: “It won’t be long before a Periscope live feed will provide us with live footage of an automobile accident as it occurs in real time. It remains to be seen whether the video captured from these accidents could be used in personal injury lawsuit against a careless driver.

“Would the Periscope users who viewed the driver’s Periscope feed serve as witnesses in the trial? Would this type of behavior call for punitive damages in a California lawsuit? How can Periscope engineers and designers discourage this type of behaviour?”

Since use of smartphones became widespread, road safety campaigners have highlighted the danger of motorists texting while at the wheel or surfing social media sites, with research indicating that it is more dangerous than driving while under the influence of drink or drugs.

Even those devices that are legally allowed to be used – hands-free mobile phones – need to be used in such a way that the driver is not distracted, otherwise they may face a charge of careless driving.

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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109 comments

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OldRidgeback replied to Gkam84 | 8 years ago
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Gkam84 wrote:

Yeah, I can see it would be distracting, but no more than looking over to change the radio station or cd.

My phone bluetooth's to my stereo head unit and I have a mic behind the steering wheel, so if I do get a call, I just speak to the steering wheel and the voice comes through the whole stereo system.

Research by the Transport Research Laboratory (TRL) shows that there's little difference between the levels of distraction for a driver when using hands free technology and when holding a phone in the hand. Just because one is legal and the other isn't, it doesn't mean that either is safe. The human brain is like an old generation computer. It only has so much processing power and it can only do so much at once. If you're in conversation with someone on the phone and also driving, then you're not able to focus on both. Research by TRL shows that a conversation with a passenger in the car is not the same as one with someone on the phone. When speaking on the phone, the driver will default to the phone conversation so that it takes priority while when speaking to a passenger, the driver will default to driving and prioritise this over the conversation.

My advice is to bin the hands free kits and accept that it isn't safe. There is plenty of research to say so if you care to look for it and if you say otherwise, to be honest you're not much better than the bloke in this article who is basically kidding himself that he's some kind of evolved being who is capable of dual neural processing. Hands free kits exist in a legal grey area at present but are likely to be banned anyway. Sorry to be blunt, but hands free kits are not safe.

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Bob's Bikes replied to Gkam84 | 8 years ago
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Gkam84 wrote:

Yeah, I can see it would be distracting, but no more than looking over to change the radio station or cd.

It is strange how some things are illegal and others aren't, for instance looking at an A to Z is illegal whilst looking at the (smaller) screen of a gps unit apparently isn't.

It is these distractions that we need to legislate (and enforce) against because joe public can't drive properly/safely as it is!

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giff77 | 8 years ago
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I can really see what your saying here Keith. Problem is with periscope you're looking at the comments/looking at the camera. FaceTime/Skype or any other 'visual' communicating will also be incredibly distracting. Even sat navs have been proven to be the trigger to collisions. While a hands free call may be legal it can for some be very distracting. i tend to not use hands free and ignore the phone when it goes if I'm driving.

It's something that is a very grey area and I can see the govt then make it an offence to use 'visual' hands free. In fact the police could do you now for careless driving if involved in a collision and it turns out you were on periscope or whatever

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Gkam84 | 8 years ago
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Because his phone is in a hands free device, he is technically not "using" his phone, using a streaming app like this would be like being on a hands free call, expect that the texts comes up on a screen, no different to using a GPS device in my eyes and I talk or sing to myself while driving. If I thought I was interesting, I might go and using this Periscope app.

It is not illegal, you are not using your phone with your hands, you can still use both hands to drive. It is just like holding a conversation on the phone

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Joeinpoole replied to Gkam84 | 8 years ago
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Gkam84 wrote:

Because his phone is in a hands free device, he is technically not "using" his phone, using a streaming app like this would be like being on a hands free call, expect that the texts comes up on a screen, no different to using a GPS device in my eyes and I talk or sing to myself while driving. If I thought I was interesting, I might go and using this Periscope app.

It is not illegal, you are not using your phone with your hands, you can still use both hands to drive. It is just like holding a conversation on the phone

How does he start/stop the app without touching his phone? Is it not the case that a DVD monitor for example must not be viewable to the driver of a vehicle? Effectively this guy is streaming a movie, one of his own making, with text messages from others being overlaid for him to read. I'd be staggered if this guy was not committing a offence by using 'Periscope' on his phone whilst driving.

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ianrobo replied to Joeinpoole | 8 years ago
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Joeinpoole wrote:
Gkam84 wrote:

Because his phone is in a hands free device, he is technically not "using" his phone, using a streaming app like this would be like being on a hands free call, expect that the texts comes up on a screen, no different to using a GPS device in my eyes and I talk or sing to myself while driving. If I thought I was interesting, I might go and using this Periscope app.

It is not illegal, you are not using your phone with your hands, you can still use both hands to drive. It is just like holding a conversation on the phone

How does he start/stop the app without touching his phone? Is it not the case that a DVD monitor for example must not be viewable to the driver of a vehicle? Effectively this guy is streaming a movie, one of his own making, with text messages from others being overlaid for him to read. I'd be staggered if this guy was not committing a offence by using 'Periscope' on his phone whilst driving.

Whether legal or not, on works time he was in effect using a non works app to do private things, thats sackable in itself. Just the same as browsing the net at work when not allowed to.

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mrmo | 8 years ago
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is this any worse than TV presenters who insist on doing pieces to camera whilst driving? *

* they shouldn't do that IMO, but the precident exists....

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Russell Orgazoid | 8 years ago
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The Argos stockroom beckons.

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ianrobo | 8 years ago
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where caught make the punishment so severe (like drink driving) that only the hardcore would do it.

You can never change them

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Sedgepeat replied to ianrobo | 8 years ago
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ianrobo wrote:

where caught make the punishment so severe (like drink driving) that only the hardcore would do it.

You can never change them

The potential is already 14 years inside. It's just that most drivers are really not that reasoned or able to focus much more than on their next kebab!

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musicalmarc | 8 years ago
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seems like a nice enough bloke, just doesn't understand how much of a distraction looking at his phone is. You could accuse around 95% of the driving population of the same thing. A lot of it is just human nature, if you can do it without any issues all the time, you get lulled into a false sense of security.

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Bob's Bikes | 8 years ago
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Should we not pass that video on to the relavant authorities, he has just self published himself committing a driving offence.

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ianrobo replied to Bob's Bikes | 8 years ago
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FATBEGGARONABIKE wrote:

Should we not pass that video on to the relavant authorities, he has just self published himself committing a driving offence.

and this is why punishments should be higher. For use on a mobile phone, whether this or another offence with one then should be 6 month ban and a forced resit of the driving test.

If people knew the punishment was that harsh (for example I lose my licence I get sacked) then you watch the offending go down.

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hirsthirst replied to ianrobo | 8 years ago
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ianrobo wrote:

...

If people knew the punishment was that harsh (for example I lose my licence I get sacked) then you watch the offending go down.

yes - but what chance is there of anyone getting collared whilst using their phone? you almost never see a Police officer around my way.

I appreciate these numpties are self-declaring live on the internet, but for the stiff deterrent (which I support) to be effective you have to stand some chance of actually being caught & prosecuted and right now there's just no enforcement.

bring on driverless cars.

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IanMunro | 8 years ago
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Hope he keeps his job. No mention of shouldn't be on the road, should pay road tax etc.

"I can think of anything that could be more distracting "

Well apart from the constant having to check the GPS to see where the next delivery is required..

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ianrobo | 8 years ago
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As I used to work for TNT they are very proud of their safety record and reminders are everywhere about it.

He will be sacked and should be, the arrogance of him beggars belief.

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cyclingpaul | 8 years ago
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Let's hope TNT do the right thing and sack him, I can think of anything that could be more distracting  14

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danthomascyclist | 8 years ago
1 like

I'm not sure what I'm more amazed about:

1) The fact that a TNT driver is dumb enough to stream videos of himself whilst he drives (he won't be driving for TNT much longer)
or
2) The fact that apparently people find this kind of shit entertaining and actually watch?

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Bob's Bikes replied to danthomascyclist | 8 years ago
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danthomascyclist wrote:

I'm not sure what I'm more amazed about:

2) The fact that apparently people find this kind of shit entertaining and actually watch?

Some people find big brother entertaining TV.

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