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'Ending' "the war on the motorist"
Stimpy gurgled happily, sounding much like they
were saying: The words about "supervising the driving of a motor vehicle" suggest that I can't use my mobile whilst supervising my daughter driving on a provisional license. Interesting. Nor can you have a snooze etc. There was a bit about precisely that on R4 earlier this week - can't remember if it was You & Yours or Today. You are in charge of the car. |
'Ending' "the war on the motorist"
In message k
Stimpy wrote: On Tue, 3 Aug 2010 22:22:55 +0100, Charles Ellson wrote AFAICT that is not a statutary requirement, merely an action which provides more certainty in most cases WRT to whether or not the telephone user is "driving" the vehicle for the purposes of determining if there is a breach of s.41D Road Traffic Act 1988 :0 "Breach of requirements as to control of vehicle, mobile telephones etc. 41D A person who contravenes or fails to comply with a construction and use requirement— (a) as to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or not causing or permitting the driving of a motor vehicle by another person in such a position, or (b) as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device, is guilty of an offence." The words about "supervising the driving of a motor vehicle" suggest that I can't use my mobile whilst supervising my daughter driving on a provisional license. Interesting. No you can't, legally you are in charge of the vehicle. -- Graeme Wall This address not read, substitute trains for rail Transport Miscellany at www.greywall.demon.co.uk/rail Photo galleries at http://graeme-wall.fotopic.net/ |
'Ending' "the war on the motorist"
On Wed, 4 Aug 2010 09:58:18 +0100, "Peter Masson"
wrote: "Stimpy" wrote The words about "supervising the driving of a motor vehicle" suggest that I can't use my mobile whilst supervising my daughter driving on a provisional license. Interesting. The AA has given this some publicity this week http://www.theaa.com/public_affairs/...ng-school.html If you need glasses to drive you must also wear them while you're supervising your daughter. How clever of the AA to try to deter people from helping their relations learn to drive. Of course they should be going here instead: http://www.theaa.com/driving-school/index.html |
'Ending' "the war on the motorist"
Bruce gurgled happily, sounding much like they
were saying: The words about "supervising the driving of a motor vehicle" suggest that I can't use my mobile whilst supervising my daughter driving on a provisional license. Interesting. The AA has given this some publicity this week http://www.theaa.com/public_affairs/...el/aa-populus- supervising-learner-drivers-aa-driving-school.html If you need glasses to drive you must also wear them while you're supervising your daughter. How clever of the AA to try to deter people from helping their relations learn to drive. What's such a "deterrent" in reminding the learner's supervisor of their legal responsibilities? I'd have thought it basic common sense that the supervising full licence holder takes the same responsibilities as if they were driving themself. |
'Ending' "the war on the motorist"
On 4 Aug, 10:51, Graeme wrote:
In message k * * * * * Stimpy wrote: On Tue, 3 Aug 2010 22:22:55 +0100, Charles Ellson wrote AFAICT that is not a statutary requirement, merely an action which provides more certainty in most cases WRT to whether or not the telephone user is "driving" the vehicle for the purposes of determining if there is a breach of s.41D Road Traffic Act 1988 :0 "Breach of requirements as to control of vehicle, mobile telephones etc. 41D A person who contravenes or fails to comply with a construction and use requirement— (a) as to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or not causing or permitting the driving of a motor vehicle by another person in such a position, or (b) as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device, is guilty of an offence." The words about "supervising the driving of a motor vehicle" suggest that I can't use my mobile whilst supervising my daughter driving on a provisional license. *Interesting. No you can't, legally you are in charge of the vehicle. What if you are supervising someone who is named on the insurance, but you aren't (and therefore can supervise but can't drive)? |
'Ending' "the war on the motorist"
MIG gurgled happily, sounding much like they
were saying: The words about "supervising the driving of a motor vehicle" suggest that I can't use my mobile whilst supervising my daughter driving on a provisional license. Â*Interesting. No you can't, legally you are in charge of the vehicle. What if you are supervising someone who is named on the insurance, but you aren't (and therefore can supervise but can't drive)? You're liable to get nicked. |
'Ending' "the war on the motorist"
On Aug 4, 11:05*am, Bruce wrote: On Wed, 4 Aug 2010 09:58:18 +0100, "Peter Masson" wrote: "Stimpy" wrote The words about "supervising the driving of a motor vehicle" suggest that I can't use my mobile whilst supervising my daughter driving on a provisional license. Interesting. The AA has given this some publicity this week http://www.theaa.com/public_affairs/...ng-school.html If you need glasses to drive you must also wear them while you're supervising your daughter. How clever of the AA to try to deter people from helping their relations learn to drive. *Of course they should be going here instead: http://www.theaa.com/driving-school/index.html Of course the AA are trying to flog something - in this case the " Supporting Learner Drivers" course offered by their Driving School - but that doesn't invalidate the basic points that are made w.r.t. the responsibilities those who are supervising learner drivers have. (Also, I think there's some research to suggest that learning with a relative isn't always a great idea - all rather depends on the familial dynamics of course.) |
'Ending' "the war on the motorist"
On Wed, 4 Aug 2010 04:20:01 -0700 (PDT), Mizter T
wrote: On Aug 4, 11:05*am, Bruce wrote: On Wed, 4 Aug 2010 09:58:18 +0100, "Peter Masson" wrote: "Stimpy" wrote The words about "supervising the driving of a motor vehicle" suggest that I can't use my mobile whilst supervising my daughter driving on a provisional license. Interesting. The AA has given this some publicity this week http://www.theaa.com/public_affairs/...ng-school.html If you need glasses to drive you must also wear them while you're supervising your daughter. How clever of the AA to try to deter people from helping their relations learn to drive. *Of course they should be going here instead: http://www.theaa.com/driving-school/index.html Of course the AA are trying to flog something - in this case the " Supporting Learner Drivers" course offered by their Driving School - but that doesn't invalidate the basic points that are made w.r.t. the responsibilities those who are supervising learner drivers have. Perhaps the AA should choose whether it wants to (a) give useful, practical and responsible advice or (b) brazenly advertise its commercial services. There seems to be some confusion between the two possible objectives. (Also, I think there's some research to suggest that learning with a relative isn't always a great idea - all rather depends on the familial dynamics of course.) I learnt with BSM but was "supported" by my father. Poor man, it must have been very stressful for him. Later, I got my just desserts when, after he died, I "supported" my mother in her attempts to learn to drive. It was the most stressful experience I have ever had. :-( |
'Ending' "the war on the motorist"
On 4 Aug, 12:01, Adrian wrote:
MIG gurgled happily, sounding much like they were saying: The words about "supervising the driving of a motor vehicle" suggest that I can't use my mobile whilst supervising my daughter driving on a provisional license. *Interesting. No you can't, legally you are in charge of the vehicle. What if you are supervising someone who is named on the insurance, but you aren't (and therefore can supervise but can't drive)? You're liable to get nicked. On what grounds (this is just a question)? I am not clear that you have to be physically capable of driving at the time in order to be able to supervise. I haven't got anything in front of me, but I can only recall having to have a licence to drive the type of vehicle concerned, rather than actually be able to drive it (eg through being insured, or not having a broken leg). |
'Ending' "the war on the motorist"
MIG gurgled happily, sounding much like they
were saying: The words about "supervising the driving of a motor vehicle" suggest that I can't use my mobile whilst supervising my daughter driving on a provisional license. Â*Interesting. No you can't, legally you are in charge of the vehicle. What if you are supervising someone who is named on the insurance, but you aren't (and therefore can supervise but can't drive)? You're liable to get nicked. On what grounds (this is just a question)? I am not clear that you have to be physically capable of driving at the time in order to be able to supervise. I haven't got anything in front of me, but I can only recall having to have a licence to drive the type of vehicle concerned, rather than actually be able to drive it (eg through being insured, or not having a broken leg). AIUI, the supervising driver is effectively in the exact same legal position as if they were driving. I'll have a rummage for the actual bit of the law that covers it, but http://www.helpingldrivers.com/law/supervisor.htm seems to heavily imply it. rummages Excuse me, my head's about to explode. Anyway - The Motor Vehicles (Driving Licences) Regulations 1999 and about a dozen subsequent amendments are the relevant stuff. Good luck... |
'Ending' "the war on the motorist"
In message , at 23:28:45 on
Tue, 3 Aug 2010, Peter Masson remarked: (b) as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device, is guilty of an offence." Is there a definition of 'driving' in there somewhere? Not in there, but somewhere else. Does sitting in the driving seat when the engine is running, even if the vehicle is stationary, count as driving? Absolutely. -- Roland Perry |
'Ending' "the war on the motorist"
On Aug 4, 1:45*pm, Roland Perry wrote: In message , at 23:28:45 on Tue, 3 Aug 2010, Peter Masson remarked: (b) as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device, * is guilty of an offence." Is there a definition of 'driving' in there somewhere? Not in there, but somewhere else. Does sitting in the driving seat when the engine is running, even if the vehicle is stationary, count as driving? Absolutely. I wonder how these interpretations pan out when the vehicle is a motorhome? |
'Ending' "the war on the motorist"
On Wed, 4 Aug 2010 06:36:05 -0700 (PDT), Mizter T
wrote: On Aug 4, 1:45*pm, Roland Perry wrote: In message , at 23:28:45 on Tue, 3 Aug 2010, Peter Masson remarked: (b) as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device, * is guilty of an offence." Is there a definition of 'driving' in there somewhere? Not in there, but somewhere else. Does sitting in the driving seat when the engine is running, even if the vehicle is stationary, count as driving? Absolutely. I wonder how these interpretations pan out when the vehicle is a motorhome? I tried to dig up any specific definitions of "driving" but there don't seem to be any in this respect. I think it is one of those actions which the law requires to be decided on the facts in a particular case or type of case where it is not blatantly obvious; there are times when Joe Public's "driving" is not the law's "driving" such as IIRC when someone is steering a traction engine but they are not the person "driving" it. |
'Ending' "the war on the motorist"
On Wed, 4 Aug 2010 00:02:51 +0100, tony sayer
wrote: Probably not, it is the equivalent of using the controls on a car radio. The problem with mobile phones is largely the dislocation effect of conducting a conversation with someone remote from the vehicle. That's why even handsfree kits are not that effective. The legislation specifically mentions mobile phones, not any other devices It actually refers to "hand-held mobile telephone or other hand-held interactive communication device," and "causing or permitting the driving of a motor vehicle by another person using such a telephone or other device." . Umm.. there are more bits to that law some of it related to the frequency bands the comms device works on. Those bits are in which section of RTA 1988 ? There're are aimed at Mobile cellular phone equipment's and not two way radios which are also comms devices... If it was for mobile phones alone then ITYF it would have said so. The explanation http://www.opsi.gov.uk/acts/acts2006/en/ukpgaen_20060049_en.pdf in the notes to the Road Safety Act 2006 (which amended s.41 of the Road Traffic Act 1988) include :- "Section 26: Breach of requirements as to control of vehicle, mobile telephones etc 93. This section inserts a new section 41D into the RTA, and amends the RTOA, to provide for obligatory endorsement (with disqualification at the court's discretion) for the offence of contravening or failing to comply with a construction and use requirement if the requirement relates either to failure to have proper control of the vehicle or a full view of the road or to the use of a hand-held mobile phone or similar device. A "construction and use requirement" is a requirement imposed by a regulation made under section 41 of the RTA (most of which are contained in the Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078) as amended)." So the purpose is not creation of a new offence (as it was already illegal not to be in proper control of a vehicle) but alters the way in which a particular increasing hazard is to be dealt with, including AFAICT a change in the penalty for this and the less-specific associated offences. though with the latter your caveat below will always apply. (yes, I know it could be covered under dangerous driving etc, that's not the question I'm askng) |
'Ending' "the war on the motorist"
In message , at 06:08:00 on
Thu, 5 Aug 2010, Charles Ellson remarked: The legislation specifically mentions mobile phones, not any other devices It actually refers to "hand-held mobile telephone or other hand-held interactive communication device," and "causing or permitting the driving of a motor vehicle by another person using such a telephone or other device." . Umm.. there are more bits to that law some of it related to the frequency bands the comms device works on. Those bits are in which section of RTA 1988 ? There're are aimed at Mobile cellular phone equipment's and not two way radios which are also comms devices... If it was for mobile phones alone then ITYF it would have said so. The law about driving(qv) while using a mobile phone says: 110. - (1) No person shall drive a motor vehicle on a road if he is using - (a) a hand-held mobile telephone; or (b) a hand-held device of a kind specified in paragraph (4) .... (4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data. and the devil in the detail: (6) For the purposes of this regulation - (a) a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function; (b) a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence); (c) "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; (d) "two-way radio" means any wireless telegraphy apparatus which is designed or adapted - (i) for the purpose of transmitting and receiving spoken messages; and (ii) to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz; and (e) "wireless telegraphy" has the same meaning as in section 19(1) of the Wireless Telegraphy Act 1949[3]." -- Roland Perry |
'Ending' "the war on the motorist"
On Thu, 5 Aug 2010 08:47:07 +0100, Roland Perry
wrote: In message , at 06:08:00 on Thu, 5 Aug 2010, Charles Ellson remarked: The legislation specifically mentions mobile phones, not any other devices It actually refers to "hand-held mobile telephone or other hand-held interactive communication device," and "causing or permitting the driving of a motor vehicle by another person using such a telephone or other device." . Umm.. there are more bits to that law some of it related to the frequency bands the comms device works on. Those bits are in which section of RTA 1988 ? There're are aimed at Mobile cellular phone equipment's and not two way radios which are also comms devices... If it was for mobile phones alone then ITYF it would have said so. The law about driving(qv) while using a mobile phone says: 110. - (1) No person shall drive a motor vehicle on a road if he is using - (a) a hand-held mobile telephone; or (b) a hand-held device of a kind specified in paragraph (4) ... (4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data. and the devil in the detail: (6) For the purposes of this regulation - (a) a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function; (b) a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence); (c) "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; (d) "two-way radio" means any wireless telegraphy apparatus which is designed or adapted - (i) for the purpose of transmitting and receiving spoken messages; and (ii) to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz; and (e) "wireless telegraphy" has the same meaning as in section 19(1) of the Wireless Telegraphy Act 1949[3]." It would have helped if you had said that was from SI 2003/2695 ("The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003"). However, it is not "the" law but only one of a number of laws and regulations which can be breached by using different devices (not being necessary for control of a vehicle) while driving. It does not endow legality upon the use of other devices excluded by the wording of the above reg.110 nor does it prevent the option of a driver being charged with driving without due care and attention. S.41D (Breach of requirements as to control of vehicle, mobile telephones etc.) of RTA 1988 is one of four sections following s.41 which select certain breaches of the Road Vehicles (Construction and Use) Regulations 1986 for independent description as offences (which appears to be for the purpose of enabling different punishment) but if those do not apply then s.42 defines breach of any of the rest as an offence anyway (but not necessarily with the same penalties as apply to the s.41A-D offences). AFAICT the main difference WRT penalties is that s.41A-D incur penalty points but s.42 does not. |
'Ending' "the war on the motorist"
In message , at 23:47:45 on
Thu, 5 Aug 2010, Charles Ellson remarked: On Thu, 5 Aug 2010 08:47:07 +0100, Roland Perry wrote: In message , at 06:08:00 on Thu, 5 Aug 2010, Charles Ellson remarked: The legislation specifically mentions mobile phones, not any other devices It actually refers to "hand-held mobile telephone or other hand-held interactive communication device," and "causing or permitting the driving of a motor vehicle by another person using such a telephone or other device." . Umm.. there are more bits to that law some of it related to the frequency bands the comms device works on. Those bits are in which section of RTA 1988 ? There're are aimed at Mobile cellular phone equipment's and not two way radios which are also comms devices... If it was for mobile phones alone then ITYF it would have said so. The law about driving(qv) while using a mobile phone says: 110. - (1) No person shall drive a motor vehicle on a road if he is using - (a) a hand-held mobile telephone; or (b) a hand-held device of a kind specified in paragraph (4) ... (4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data. and the devil in the detail: (6) For the purposes of this regulation - (a) a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function; (b) a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence); (c) "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; (d) "two-way radio" means any wireless telegraphy apparatus which is designed or adapted - (i) for the purpose of transmitting and receiving spoken messages; and (ii) to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz; and (e) "wireless telegraphy" has the same meaning as in section 19(1) of the Wireless Telegraphy Act 1949[3]." It would have helped if you had said that was from SI 2003/2695 ("The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003"). You asked for the amended law (although it's The Road Vehicles (Construction and Use) Regulations 1986, not RTA 1988), so that's what I gave you. If you wanted to know where they came from, typing a fragment into Google will take you there. This is Usenet, not a law textbook! However, it is not "the" law but only one of a number of laws and regulations which can be breached by using different devices (not being necessary for control of a vehicle) while driving. Are there any other laws that define what a mobile phone is for the purposes of banning driving while using one - I very much doubt it. It does not endow legality upon the use of other devices excluded by the wording of the above reg.110 But it means that those excluded devices (largely two-radios) are not criminalised by this will known and much publicised bit of legislation. On the other hand, using a phone-in-flight-mode as an MP3 player is criminalised, whereas using an MP3 player (or iPod or whatever) isn't! nor does it prevent the option of a driver being charged with driving without due care and attention. That has always been the case. -- Roland Perry |
'Ending' "the war on the motorist"
In article , Charles Ellson
scribeth thus On Wed, 4 Aug 2010 00:02:51 +0100, tony sayer wrote: Probably not, it is the equivalent of using the controls on a car radio. The problem with mobile phones is largely the dislocation effect of conducting a conversation with someone remote from the vehicle. That's why even handsfree kits are not that effective. The legislation specifically mentions mobile phones, not any other devices It actually refers to "hand-held mobile telephone or other hand-held interactive communication device," and "causing or permitting the driving of a motor vehicle by another person using such a telephone or other device." . Umm.. there are more bits to that law some of it related to the frequency bands the comms device works on. Those bits are in which section of RTA 1988 ? There're are aimed at Mobile cellular phone equipment's and not two way radios which are also comms devices... If it was for mobile phones alone then ITYF it would have said so. The explanation http://www.opsi.gov.uk/acts/acts2006/en/ukpgaen_20060049_en.pdf in the notes to the Road Safety Act 2006 (which amended s.41 of the Road Traffic Act 1988) include :- "Section 26: Breach of requirements as to control of vehicle, mobile telephones etc 93. This section inserts a new section 41D into the RTA, and amends the RTOA, to provide for obligatory endorsement (with disqualification at the court's discretion) for the offence of contravening or failing to comply with a construction and use requirement if the requirement relates either to failure to have proper control of the vehicle or a full view of the road or to the use of a hand-held mobile phone or similar device. A "construction and use requirement" is a requirement imposed by a regulation made under section 41 of the RTA (most of which are contained in the Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078) as amended)." OK the one I was looking at was in far more detail and was IIRC a statutory instrument and it did make the bit about frequency of operation very clear and that was about 2 years ago.. I'll look it up later if I've got time... So the purpose is not creation of a new offence (as it was already illegal not to be in proper control of a vehicle) but alters the way in which a particular increasing hazard is to be dealt with, including AFAICT a change in the penalty for this and the less-specific associated offences. though with the latter your caveat below will always apply. (yes, I know it could be covered under dangerous driving etc, that's not the question I'm askng) -- Tony Sayer |
'Ending' "the war on the motorist"
In message , at 14:28:11 on Fri, 6 Aug
2010, tony sayer remarked: OK the one I was looking at was in far more detail and was IIRC a statutory instrument and it did make the bit about frequency of operation very clear and that was about 2 years ago.. I'll look it up later if I've got time... It's the one I posted yesterday (and discussed earlier this morning). -- Roland Perry |
'Ending' "the war on the motorist"
In article , Roland Perry
scribeth thus In message , at 14:28:11 on Fri, 6 Aug 2010, tony sayer remarked: OK the one I was looking at was in far more detail and was IIRC a statutory instrument and it did make the bit about frequency of operation very clear and that was about 2 years ago.. I'll look it up later if I've got time... It's the one I posted yesterday (and discussed earlier this morning). I'm indebted to my 'learned friend .. as they say;)... -- Tony Sayer |
'Ending' "the war on the motorist"
In message , at 19:00:57 on Fri, 6 Aug
2010, tony sayer remarked: It's the one I posted yesterday (and discussed earlier this morning). I'm indebted to my 'learned friend .. as they say;)... You are very welcome. It's m'learned friend, btw ;) -- Roland Perry |
'Ending' "the war on the motorist"
In article , Roland Perry
scribeth thus In message , at 19:00:57 on Fri, 6 Aug 2010, tony sayer remarked: It's the one I posted yesterday (and discussed earlier this morning). I'm indebted to my 'learned friend .. as they say;)... You are very welcome. It's m'learned friend, btw ;) I sit corrected;).. -- Tony Sayer |
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