The Road Traffic Act 1988 makes it an offence to use a hand-held mobile phone while driving. This also applies to any other hand-held interactive communication device such as a sat nav connected to the internet, tablet or IPAD.
A hand-held device is something that “is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function”.
Usually, the interactive communication function is that of transmitting and/or receiving data such as making or receiving a call, sending or reading a text message or accessing the internet. There is still no legal definition of what amounts to ‘using’ and lawyers disagree on whether it includes using the phone for other purposes. This law came into force because hand held devices can cause a real distraction whilst driving which increases the chances of accidents occurring. The aim of the legislation is to improve road safety.
Even a few seconds distraction has resulted in fatalities as shown in the THINK! Mobile Phones campaigns, for example, The Carvin Family case study – ‘Life Without Zoe’
What are the penalties for the use of mobile phones whilst driving?
If you use your mobile phone whilst driving, you could be committing one of a number of offences. What you are charged with will depend upon the circumstances. In March 2017 the penalties for the offence of using a mobile phone whilst driving were increased to try and reduce the number of offences taking place.
You could face one of these offences if caught using your mobile phone:
- Not being in proper control of your vehicle – A fine and 3 penalty points or a discretionary ban.
- Using a mobile phone whilst driving – If you are offered and accept a fixed penalty notice you will pay £200 and have 6 penalty points endorsed on your licence. If the matter is dealt with in court you will face a fine of up to £1000 and 6 penalty points or a discretionary ban if you were driving a car.
- Careless Driving – Where your standard of driving falls below the standard of a careful and competent driver. Unlimited fine and 3 to 9 penalty points or a discretionary ban.
- Dangerous Driving – Where your standard of driving falls far below the standard of a careful and competent driver. Up to 2 years imprisonment and a minimum ban of 12 months plus a requirement to undertake an extended driving test.
Impact of the offence on New Drivers
If a driver is within two years of passing their driving test and commits an offence of using a mobile phone whilst driving, because it carries 6 penalty points, they are at risk of 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.
Impact of the offence on Employers
All employers should note that they could also be prosecuted if they ask employees to make or receive calls when driving if the driver has no facility other than to hold their phone whilst speaking on the phone.
Impact of the offence on Supervising Drivers
It is illegal to use a hand-held mobile phone if you are supervising a learner driver. The supervisor will face the same penalties as a driver.
When are you allowed to use a hand-held mobile phone while driving?
The only times that you can use a hand-held mobile phone whilst driving is when there is a genuine emergency and it is not safe to stop the car, and you need to contact the emergency services.
The future
There needs to be changes in attitude and awareness particularly as many people live their lives through their mobile phone. It is important to heighten people’s awareness of the danger and this has been achieved by increasing the penalties, so people realise the seriousness of the offence.
The new sanctions were hoped to be a deterrent for would-be phone users, however many people are still committing this offence. Some people feel if the law was changed to allow police to seize and destroy the phone this would have a greater impact.
To find out more about how the law could affect you, please contact Moore Motoring Law on 0115 7841 588 or email maria@mooremotoringlaw.co.uk
