Been Caught Using a Mobile Phone While Driving

USING A MOBILE PHONE WHILE DRIVING

Anyone caught using their mobile phone whilst driving now receives three penalty points on their license and a £60 fine. Points can mean higher insurance costs.

This new legislation means that if your case goes to Court the fine could increase to £1000 or £2500 for drivers of vans, lorries and coaches. Effectively this means drivers can now end up losing their licence for using their mobile while driving.

You don’t have to be caught many times to be disqualified. If you get just six points in the first two years after passing your test, you will lose your licence under the New Drivers Act.

THE LAW ON USING A MOBILE PHONE WHILE DRIVING It is against the law to:-

• Use a hand-held mobile telephone or device whilst driving a motor vehicle on a road
• Cause or permit a person to drive a motor vehicle on a road whilst using a hand-held mobile telephone or device
• Supervise a provisional license holder who is driving whilst using a hand-held mobile phone or device

THE USE of any mobile phone or device capable of performing interactive functions is likely to be caught by this offence. There is complex case law setting out the meaning of “use”.

DEFENCES FOR USING A MOBILE PHONE WHILE DRIVING

Usually factual disputes such as those listed below are raised in court for using a mobile phone while driving.  It is a matter of fact and degree applying common sense and credibility as to whether the Magistrates accept them.

• You were not using a mobile device
• You were not driving

Hand held mobile phone laws and driving offences involving use of a mobile phone

Since 1st December 2003 it has been a specific offence to use a hand held mobile phone while driving. From February 2007, drivers caught using a mobile phone while driving have received a £60 fine PLUS three penalty points on their licence. In December 2007, new guidance was issued stating that those involved in more serious accidents would also be charged with dangerous driving and face a prison sentence of up to two years.