Using a Mobile Phone Whilst Driving

What is a mobile phone driving offence?

Mobile phone driving offences typically involve either using or holding a phone while being inside of a vehicle. It’s worth noting, that this law covers other portable personal devices as well as mobile phones. 

Offences apply to a variety of vehicles, and a vehicle does not necessarily have to be in transit for an offence to be committed. Furthermore, the offence isn’t always committed by the person behind the wheel.

For instance, it is an offence if you are caught holding a mobile phone or other hand-held device while you are driving or riding a motorcycle, even if you are not actively using it. However, mobile phone driving offences also cover using phones and devices to perform a variety of tasks. These can include, but aren’t limited to, making phone calls, sending emails and text messages, checking notifications and illuminating the device’s screen.

Actions that count as an offence

Laws regarding mobile phone driving offences apply to drivers interacting with devices in vehicles that are stationary but in held traffic. For example, when a vehicle is queuing in traffic or when it has stopped at junction or traffic lights.

Finally, when an individual is supervising a learner driver, they are also subject to the laws related to use of mobile phones when driving. Whether they are a driving instructor or parent, it is illegal for the supervisor to hold or use a mobile phone or other device when the vehicle is being driven or stationery in traffic.

Penalties for using a mobile phone whilst driving

The penalty a motorist faces for a mobile phone driving offence can vary considerably depending on multiple factors, and can range from fines and points on a licence to losing a licence entirely.

The use of a mobile phone whilst driving where you have caused an accident could attract much more serious offences such as careless driving or dangerous driving offences.

If you are being investigated due to such an accident you should speak to one of our mobile offence specialist solicitors for advice for the best possible outcome. 

Call us now for free initial advice, or scroll down to find out more about mobile phone driving offences. 

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An FPN can only be issued if a motorist fulfils the following criteria:-

  1. The motorist holds a driving licence
  2. The motorist will not be subject to the “totting up” procedure ie 12 points or more on licence after adding the points for the offence
  3. The motorist must be able to surrender his licence for endorsement.

If a motorist is unable to fulfil the criteria the officer will report the motorist for summons.

You will not be offered a fixed penalty ticket if you may be disqualified for the offence, or fall within the “totting up” procedure.

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If you fulfil the criteria for a fixed penalty you do not have to accept it.

Often police officers will tell you that you should because you have clearly committed an offence but police officers are not evidential experts and are not always right. You can decline the offer of a fixed penalty or just ignore it.

If you do this you will be summonsed to court which will increase both the penalty and costs. It will not increase the number of points to be endorsed on your licence.

Before you do anything about your fixed penalty ticket ensure that you doing the right thing for you by contacting one of our specialist solicitors who will be able to guide you down the right path.

If you have passed your test within the last two years and have been caught using your mobile phone you will revert to being a provisional licence holder, so will have to resit your driving test.

However, before accepting the fixed penalty you should discuss your case with one of our specialist solicitors who will discuss whether you can avoid the imposition of 6 points ie by offering a plea to another offence or whether you have a defence.

If the court cannot impose a disqualification for a short period so they must impose 6 points if you plead guilty or are found guilty and as a new driver your licence will revert to a provisional licence.

We understand the impact having to revert to a learner driver can have, there is often a lengthy wait to re-sit your test. Not to mention the expense. We are here to help so call us now to discuss your case free of charge.

The offence carries a fine of up to £1,000 and 6 penalty points. £2,500 if you are driving a bus, coach or HGV or a vehicle which carries more than 8 passengers.

You will also receive costs in the region of £85-135 and a 40% levy on your fine known as a victim surcharge.

If you are offered a fixed penalty the fine will be £200 and an endorsement of 6 points on your licence.

These will increase if you are convicted after trial because you lose 33% credit which is allowed on a prompt guilty plea, so you have to be sure that you have a strong case.

In the case of new drivers who have passed their test within two years of the incident, the consequences of receiving six penalty points will be the loss of their driving licence.

If you want to know whether it is worth going to trial call one our specialist mobile phone offence solicitors for free advice.

There are a number of possible defences to the offences such as you were not

  • driving the vehicle at the time
  • you were not using the device at the time of driving
  • you were responding to an genuine emergency and it was unsafe or impracticable to stop

Unsure as to whether you have a defence or not get free initial advice by calling one of our specialist team.

You can use a mobile phone whilst driving if you are using a “hands free” kit as long as you do not have to hold the phone. If you need to take your hands off the wheel to operate it, it is not hands free and could result in an offence despite it being considered a hands free kit. Be careful!

If you are using a mobile phone regularly in a vehicle make sure you have the right equipment so that you are not tempted to touch it at all.

The prosecution have to prove beyond reasonable doubt that you were actually driving with a phone in your hand and includes using the device for any reason whatosever not just calls, texts but GPS internet video or photos inter alia.

“Use” includes using the device for any telecommunication purpose, not just making or receiving calls.

This includes texting while driving, using any other Apps, or messenger services that allow you to communicate with other people. This offence is not just using your mobile as a phone to talk to people while driving.

You have to cast doubt as to whether you were using the phone. You do this by giving evidence that you were not using or holding the mobile whilst driving and producing evidence such as your phone records to corroborate what you are saying. The police will not usually look at your phone at the time despite you offering to show it to the officer.

Being prosecuted and going through the court process is extremely daunting for most drivers however, our specialist team of lawyers will give you the best support by

  • Reviewing the strength of the prosecution’s case against you
  • Finding the weaknesses in the prosecution case
  • Collating evidence in your defence
  • Attacking the prosecution case relentlessly on your behalf
  • Taking the pressure and anxiety off you
  • Being there to answer all your questions
  • Providing specialist representation in court

If the police are unsure whether you were using the mobile phone or not they will probably consider reporting you for an offence of not being proper control which carries a lesser penalty of 3 points.

If there has been an accident more serious offences of careless driving or dangerous driving may be considered.

As from the 25th March 2022. The New Law. As from the 25th March 2022 the law is changing under the Road Vehicles (Constructions and Use) (amendment) (No2) Regulations 20222:

The term “use” now includes

(i)illuminating the screen;

(ii)checking the time;

(iii)checking notifications;

(iv)unlocking the device;

(v)making, receiving, or rejecting a telephone or internet based call;

(vi)sending, receiving or uploading oral or written content;

(vii)sending, receiving or uploading a photo or video;

(viii)utilising camera, video, or sound recording functionality;

(ix)drafting any text;

(x)accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages;

(xi)accessing an application;

(xii)accessing the internet

Replacing the old para 110(6)(c). So basically, any form of use of your mobile phone whilst it is hand-held.

It will be much easier for the prosecution to prove “use” as a result.

There are defences available so Para 110 (5A) still applies A person does not contravene a provision of this regulation if, at the time of the alleged contravention—

(a)he is using the telephone or other device to call the police, fire, ambulance or other emergency service on 112 or 999;

(b)he is acting in response to a genuine emergency;

and

(c)it is unsafe or impracticable for him to cease driving in order to make the call (or, in the case of an alleged contravention of paragraph (3)(b), for the provisional licence holder to cease driving while the call was being made)

But a further defence as been added para 110 (5B) “(5B) A person does not contravene a provision of this regulation, if at the time of the alleged contravention—

(a)that person is using the mobile telephone or other device to make a contactless payment;

(b)for a good or service which is received at the same time as, or after, the contactless payment is made;

and

(c)the motor vehicle is stationary “contactless payment” means a payment made at a contactless payment terminal using the contactless payment facility of a card, mobile telephone or other device