Using or Holding a Mobile Phone While Driving

We are well educated on the dangers of using a mobile phone whilst driving and the changes in the law have meant that any use or holding of a phone whilst driving is going to lead to a fine and 6 penalty points. The question is whether this goes far enough and whether more education or stricter legislation is needed to further reduce the risk to other road users.

Following research carried out funded by the Road Safety Trust, Police Officers will now be encouraged to educate drivers during roadside encounters about the additional dangers and risks associated with handsfree legal use of the telephone. Just because a phone is being used legally does not mean that it is safe, and in any event the offence of careless of even dangerous driving may come into play, if the distraction results in a drop in the driving standards.

As part of the research project, a number of Police Officers  across England and Wales were asked for their views and attitudes about mobile phone by drivers. The results were then reassessed after the Officers were shown a video which emphasises the dangers which are associated with handsfree use. The video, which can be found here, led to 88% of officers believing that this would change the way they interact with motorists about an ideal phone free driving experience. Many reported it would also change their own behaviour around mobile phone use in a vehicle. Police officers believed that more education was required for motorists about the risks of distractions, or the use of mobile phones whilst in stationary traffic. The research perhaps signals a move away from promotion of hands free driving to phone free driving.

Drivers should generally be aware of the implications of a conviction for mobile phone use whilst driving. For professional drivers in particular, this will use lead to regulatory action, including revocation of a Private Hire Licence, and a Call to a Driver Conduct Hearing before the Traffic Commissioner. Insurance premium rises can also be expected and many employer fleet policies refuse to insure anyone with 6 or more points.

For advice or representation relating to any related matter, call our Team today