What are Mobile Phone Offences?

 

It is an offence to use a mobile phone or any other such similar device in a hand held capacity whilst driving a mechanically propelled vehicle.

This is a very common allegation that is made by the Police against drivers of motor vehicles.  It is often the case that the Police are mistaken as to whether or not the hand held device has been used and cases are decided on the facts that are presented before the Court.  A detailed analysis of the telephone device and whether it has been used requires presentation before the Court.  It is important to seek professional legal advice at an early stage of the investigation and certainly before any interview at the Police Station.

If found guilty the Magistrates will impose a level three fine in addition to 6 penalty points for the offence.

As with all offences penalty points endorsed for a mobile phone offence falls under the ambit of the totting up procedure which may then attract a special reasons/exceptional hardship argument on behalf of the driver.

 

Understanding Mobile Phone Offences:

 

Mobile phone offences refer to using a mobile phone or any handheld electronic device while operating a motor vehicle. These offences seriously threaten road safety by diverting the driver's attention, impairing their reaction time, and reducing their ability to maintain control of the vehicle.

Some key points to consider in understanding mobile phone offences are:

Distraction and Impairment

When a driver uses a mobile phone while driving, their attention is diverted from the road, leading to delayed reactions and decreased awareness of their surroundings.

 

Types of Offences: 

 

Mobile phone offences include making or receiving calls, sending or reading text messages, accessing the internet, using social media, and any form of interactive communication.

Applicability

The ban on mobile phone use while driving applies to all drivers, including those on a provisional license and motorcyclists.

Stopped with Engine On

It is important to note that the offence applies when the vehicle is stopped with the engine on, such as at traffic lights.

 

Relevant Laws in the UK:

 

In the United Kingdom, the laws governing the use of mobile phones while driving are clear and strictly enforced. These laws aim to ensure road safety and minimize the risks associated with distracted driving.

Here are the key laws and regulations about the use of mobile phones while driving in the UK:

Offence

Using a mobile phone held in the hand while driving or stopped with the engine on is illegal. It includes making or receiving calls, texting, accessing social media platforms, browsing the internet, and any other form of interactive communication.

Handheld Devices

The ban on mobile phone use while driving extends to all handheld electronic devices, including mobile phones, tablets, and other portable gadgets that can distract the driver.

Stopped with Engine On

It's important to note that the offence applies when the vehicle is stationary but with the engine on, such as at traffic lights or in traffic queues. The rationale is to prevent drivers from engaging with their phones when they should be fully focused on the road.

Exceptions

There are a few exceptions to the law, where drivers are allowed to use their mobile phones while driving:

• Emergency Calls: Drivers can make emergency calls to 999 or 112 when stopping the vehicle is unsafe or impractical.
• Hands-Free Devices: A hands-free device, such as a Bluetooth headset or a car's built-in system, is allowed. However, it is essential to ensure that the driver's attention is not compromised and that they remain in full control of the vehicle.

 

Penalties

 

If caught using a mobile phone while driving, offenders face an automatic fixed penalty notice. As of the knowledge cutoff in September 2021, the standard penalty for this offence is a £200 fine and six penalty points on the driving license.

New Drivers - Their license will be revoked for newly qualified drivers who accumulate six or more penalty points within the first two years of passing their test. It is known as the New Drivers Act and aims to reinforce the importance of safe driving habits.

Court Proceedings - In more severe cases or if the matter proceeds to court, the penalties can escalate significantly. The court can impose a disqualification from driving, fines of up to £1,000 (up to £2,500 for drivers of goods vehicles, buses, or coaches), and even an assessment for driving disqualification.

It's important to stay updated with any amendments or changes to the laws, as they can evolve. Adhering to these laws and refraining from using mobile phones while driving are essential steps in ensuring the safety of oneself and others on the road.

 

Punishments and Fines:

 

The UK has implemented strict penalties to deter drivers from using mobile phones while driving. Offenders face automatically fixed penalty notices and the consequences can escalate depending on the severity of the offence and any prior convictions.

Consider the following points related to punishments and fines:

Standard Penalty

As of the knowledge cutoff in September 2021, the standard penalty for using a mobile phone while driving is a £200 fine and six penalty points on the driving license.

License Revocation

For newly qualified drivers, accumulating six or more penalty points within the first two years of passing their test results in license revocation.

Court Proceedings

In more severe cases, the penalties can increase significantly if the matter proceeds to court. The court can impose a disqualification from driving, fines of up to £1,000 (up to £2,500 for drivers of goods vehicles, buses, or coaches), and even an assessment for driving disqualification.

 

How Motoring Defence Solicitors Can Help?

 

When facing a mobile phone offence charge, seeking the assistance of a motoring lawyer is crucial. These legal professionals specialize in defending individuals charged with driving offences and possess the expertise to navigate the legal complexities. Here are ways in which motoring lawyers can provide invaluable support:

Legal Advice and Representation: 

Motoring Defence can offer expert advice, assess the strength of the case against you, and guide you through the legal proceedings. They can represent you in court, ensuring your rights are protected and presenting the best possible defence.

Minimizing Penalties: 

These lawyers understand the intricacies of traffic law and can work towards minimizing the penalties you may face. They can negotiate with the prosecution, highlighting mitigating circumstances and presenting a strong case for reduced penalties.

Case Evaluation: 

Motoring lawyers meticulously analyze the evidence and scrutinize the offence's circumstances. They can identify procedural errors, inconsistencies, or weaknesses in the prosecution's case, strengthening your defence and potentially leading to a more favourable outcome.

Expertise in Traffic Law: 

Motoring lawyers specialize in motoring offences and have an in-depth understanding of the relevant laws, regulations, and precedents. They stay updated with any amendments to the law and use their knowledge to build a robust defence strategy tailored to your specific situation.

 

Conclusion:

 

Mobile phones have become an integral part of our lives, providing instant connectivity, entertainment, and vast information. However, when used irresponsibly, especially while driving, mobile phones can transform from a convenient device to a dangerous distraction, leading to accidents, injuries, and even loss of life. In the UK, the laws governing the use of mobile phones while driving are clear and strictly enforced, aiming to ensure road safety and minimize the risks associated with distracted driving. Key points to consider in understanding mobile phone offences include distraction and impairment, types of offences, and the ban on handheld devices.

The UK has strict penalties for using mobile phones while driving, including a £200 fine and six penalty points on the driving license. New drivers who accumulate six or more penalty points within the first two years of passing their test will have their license revoked, as per the New Drivers Act. In more severe cases, or if the matter proceeds to court, the penalties can escalate significantly.

Motoring lawyers can help defend individuals charged with mobile phone offences by offering legal advice and representation, minimizing penalties, and analyzing the evidence. They have an in-depth understanding of the relevant laws, regulations, and precedents, staying updated with any amendments to the law and building a robust defence strategy tailored to the specific situation.

 

FAQ's

 

Q1: Can I use my mobile phone while driving if it is hands-free?

Yes, a hands-free device, such as a Bluetooth headset or a car's built-in system, is permitted in the UK. However, it is crucial to remember that even with hands-free technology; driver attention should remain focused on the road. Keeping conversations brief and avoiding activities that may distract or impair driving abilities is advisable.

 

Q2: Are there any exceptions to the mobile phone ban? 

While few exceptions exist, are a few exceptions to the ban on using mobile phones while driving? The law allows drivers to make emergency calls to 999 or 112 when stopping the vehicle is unsafe or impractical. However, it is important to exercise caution and use discretion when making these calls to ensure the safety of yourself and others on the road.

 

Q3: What are the consequences of being caught using a mobile phone while driving?

The penalties for using a mobile phone while driving in the UK are substantial. If caught, offenders face an automatic fixed penalty notice, resulting in a £200 fine and six penalty points on their driving license. For newly qualified drivers, accumulating six or more penalty points within the first two years of passing their test leads to license revocation. In more severe cases or if the matter proceeds to court, the penalties can escalate further, including disqualification from driving, fines of up to £1,000 (up to £2,500 for certain vehicle types), and the possibility of an assessment for driving disqualification. It is crucial to understand and abide by these laws to ensure road safety and avoid legal consequences.