Using a Mobile Phone Whilst Driving
What are the criteria for being charged with using a mobile phone while driving?
Using your mobile phone includes simply picking it up and looking at the screen, even if you do not actually make or receive a call or interact with it in some other way. This still applies even if you are stopped in a queue of traffic, supervising a learner driver, waiting at traffic lights, or driving a car that turns off the engine when you stop moving.
The offence requires the phone to be used for a call or other communication whether transmitting or receiving data. The phone must be hand held at some point during the communication.
In what circumstances can you use your mobile phone while driving?
There are certain situations where you are allowed to use your mobile device when driving. This can include calling the emergency services in an emergency when it is unsafe or impractical to stop, when you are safely parked, or when you are making a contactless payment in a stationary vehicle, e.g. at a toll booth or drive through restaurant.
You can use your phone "hands free" such as in a mount, via Bluetooth, voice command or similar. The important factor is that you are not holding the phone whilst using it.
Even if you are using the phone "hands free" you must remain in proper control of the vehicle and have a full view of the road ahead at all times. If the police think you are distracted by your phone, even if you are not holding it, you could still be prosecuted and receive 3 points and a fine.
How do I prove I was not using a phone?
The prosecution must prove you were using the phone. Having said that it is often prudent to have your phone examined by an expert who can give evidence to say the phone was not being used at the relevant time. We recommend you obtain expert advice in this situation.
What is the penalty for using a mobile phone?
If you are eligible the fixed penalty for this offence is 6 penalty points and a £200 fine. If you are not eligible for a fixed penalty and prosecuted, the fine will usually be at Band A (25% to 75% 0f weekly income) plus prosecution costs, a victim surcharge and 6 points.
Will I lose my licence for using a mobile phone?
If you are a new driver you will have your licence revoked which means you will require to resit your test. If you have 6 or more points on your licence you will be at risk of a totting up disqualification. You may be able to argue exceptional hardship. The courts may impose discretionary disqualifications in more serious cases.
If you receive a postal requisition or summons, it is important you are represented by a solicitor who specialises in offences of this nature. Please contact a member of the team who can provide you with expert guidance in this area.
