Mobile Phone Driving Offences

As individuals become increasingly dependent on technology, some drivers are finding themselves tempted to use their devices while driving. It is important to understand that using a hand-held phone or device whilst driving is illegal and punishable with 6 points in addition to a fine.

What constitutes using a hand-held phone or device

To avoid committing an offence of this nature, it is best not to touch your mobile phone or device at all whilst driving. Even tapping your screen to check the time whilst stopped at traffic lights or queuing in stationary traffic could result in a conviction.

Even using a hands-free option or accessing a mounted device can incur penalties.

The punishment for using a hand-held phone or device when driving

The UK Government’s zero-tolerance approach means that you could get six penalty points on your licence and a £200 fine if you use a hand-held phone or device when driving. For new drivers who have held a licence for less than two years, a single offence would lead to their licence being revoked. Not to mention the higher insurance costs for people with penalty points.

You can be charged with an offence of not being in proper control of the vehicle if your device obstructs your view of the road. Also, being distracted by a mounted device may lead to prosecution for driving without due care and attention or careless driving which would also attract a minimum of 3 points and a fine.

When can you use a hand-held phone or device while driving?

According to this article on the .gov website, there are four very specific circumstances where you can legally use a hand-held device or phone whilst driving. These are:

• If you need to call 999 or 112 in an emergency and it would be unsafe or impractical to stop
• You’re safely parked
• You’re making a contactless payment from a vehicle that isn’t moving. For example, at a drive-through restaurant
• You’re using the device to park your vehicle remotely

What are the rules when using a phone on hands-free when driving

As long as you aren’t holding a handheld device at any time, you can use hands-free access. In this context, hands-free access could mean:

• A Bluetooth headset
• Voice command
• A dashboard holder or mat
• A windscreen mount
• A built-in sat nav

At no time can the device obscure your view of the road whether you’re using it hands-free or not.

What to do if you’re caught using a hand-held phone or device whilst driving

If you have been accused of using a hand-held phone or device whilst driving, it is extremely important to seek specialist legal advice before responding to any paperwork. Contact our specialist Road Traffic Defence Team today for a free initial consultation. Call us today at 0161 930 5151, email us at crimeandregulatoryteam@gorvins.com or fill in the online form.

Frequently Asked Questions