Mobile Phone Offences

Offence of using a mobile phone whilst driving

It is an offence to drive a motor vehicle whilst using a hand-held mobile phone or other similar device and, since February 2007, you can expect to receive 3 penalty points and a fine if you are caught doing so. That fine can range from £60 if you choose to accept a fixed penalty or can be up to £1,000 (£2,500 for drivers of goods vehicles or passenger carrying vehicles) if you choose to go to court.

The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003 define a device to which this law applies as:

“a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data”

and would include items such as hand-held satellite navigation, computers, personal digital assistants equipment and blackberries.

When can I use a mobile phone whilst driving?

You can use a mobile phone when driving provided you do so “hands free” for example using a hands free kit or by having the phone connected to microphones and speakers within the car. Otherwise you would need to park the car and make the phone call whilst stationary.

However, you should note that you can still be prosecuted for using a hands-free mobile phone if the way in which you are using it results in you not being in proper control of your vehicle. The penalties will be the same as for using a hand-held phone.

What do I do if I am charged with a mobile phone offence?

If you have been charged with an offence of this nature you should contact keepmedriving so that we can advise you of the options open to you. It is worth bearing in mind that in addition to the basic mobile phone offence you may also be charged with a more serious charge depending upon how you were driving when using the phone. Thus, if the quality of your driving using a phone falls below the standard that a competent and careful driver would expect, then you may be charged with driving without due care and attention or, in extreme cases, with dangerous driving. These could even apply if you were using a hands-free system and your driving was adversely affected. If injury or damage results from an accident involving use of a mobile phone, then you may find that you also face a civil claim.

The law on this topic is complex and there may be many circumstances where you would be able to put forward either a defence or, at the very least, mitigating circumstances. Thus for example if you were using a mobile phone to make a genuine emergency call and it was unsafe or impractical for you to stop then you might have a defence. Similarly, if the phone was held in a cradle within the car when you used it, it might be possible to argue that you were not using a hand-held device.

Employers and mobile phone offences

If you are an employer then you may also find that you have a liability for those of your staff who drive and use mobile phones. Aside from the more general duty upon you as an employer to effectively manage health and safety at work (which includes in a motor vehicle), there is also the offence contained in the legislation of not causing or permitting any other person to drive a motor vehicle on a road while that other person is using a hand-held mobile telephone or similar device. If you have been charged in respect of this then get in touch with keepmedriving and we will be pleased to advise. Alternatively, we will be happy to advise you on the steps you need to take to protect against such matters in the future.

Whatever your concerns regarding mobile phone related offences, contact keepmedriving either by completing the appropriate online information form which you will find in the Getting Help section, by requesting a free call-back using the free, no-obligation call-back form to the right or by phoning us during office hours on 084 4804 4804