The current mobile phone legislation was introduced to prevent drivers using a mobile phone whilst driving due to the safety issues. It is an obvious distraction if a driver is looking at their phone and could potentially cause an accident because the driver is not looking at the road ahead.
Current Law
Currently a driver who commits the offence faces a financial penalty and 3 penalty points or a discretionary ban. If dealt with by way of a fixed penalty the monetary amount is £100 and 3 points.
New Law
Under new law the driver will face a financial penalty and 6 penalty points or a discretionary disqualification. If dealt with by way of a fixed penalty the monetary amount will be £200 and 6 points.
New drivers
If a driver is within 2 years of passing their driving test and commits an offence under the new legislation they could face having their licence revoked by DVLA and having to take their driving test again unless a court can be persuaded to give them a discretionary ban instead of 6 penalty points.
Why change the law.
Using a mobile phone whilst driving is prevalent particularly amongst the young, new drivers or old drivers, particularly in today’s age of social media. Data shows the number of prosecutions have halved since 2010. People do not realise the potential danger. A distraction even for a couple of seconds by looking at text could lead to a fatality and two people’s lives being changed forever.
There needs to be change in attitude and awareness. The only way sensible way forward is to heighten people’s awareness of the danger is to increase the penalties so people realise the seriousness of the offence. If they commit the offence and then acquire more points totalling 12 or more points in 3 years they will then be a risk of a minimum 6 month disqualification. It will not be an imprisonable offence unless it is charged as dangerous driving. The new sanctions are hoped to be a deterrent for would be phone users.
For further help & advice, please contact our Motoring Law Solicitors on 0115 784 1588 or email maria@mooremotoringlaw.co.uk
