Caught driving on phone? Here’s how to keep you on the road

In England and Wales, it’s an offence to use a mobile phone whilst driving. The law in relation to that offence was initially drafted in the 1980s earlier than the much more current developments in technology and is, for that reason, open to interpretation.

A question that usually pops up is “am I guilty of the offence if I am using a mobile phone whilst driving but not to make a call or send a text?” The reply to this question is not certain. In England and Wales for the offence to be committed the device must be utilized when driving a vehicle, should be handheld and additionally be tailored for the purposes of interactive communication.

One occasion that occurs typically is where a driver picks up his phone to entry details or use an application but is not in fact employing the telephone to make a phone call even if the phone has been tailored for that purpose. In our experience there has been a lack of consistency through the Courts in relation to how this area of law is applied.

It is vital that, if you plan to dispute an allegation of that nature, that you quickly get in touch with the service provider for information of all incoming and outgoing calls and texts that may be provided at Court if necessary. The data will not constantly appear on a normal phone bill. Most offences should be dealt with by way of 3 penalty points and a £60 Fixed Penalty Notice but if the matter leads to a Court hearing, the fine can be as much as £1,000 or £2,500 if you had been driving a bus, coach or any heavy goods vehicle.

In most circumstances, for example if the use of a phone has caused or contributed to an accident, the Police may prosecute for driving without due care or harmful driving in order to secure a lot more serious punishment.

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