From next year, it could become illegal for anyone to pick up and use their mobile phone to do anything while driving, even just illuminating the screen or looking at an alert that has flashed up. The risk is that just picking up your phone even if only to move it will see you prosecuted. A consultation period on these changes is due to close on January 17th 2021.
What can I be charged with now?
- Using a mobile phone or hand-held device while driving – 6 Points
- Not being in proper control of your vehicle – 3 Points
Currently, the Police could (but rarely do) prosecute you for not being in proper control of your vehicle if;
- you do not have proper control of the vehicle or
- you do not have a proper view of the road ahead
This puts you at risk if, for example, you are ;
- holding & eating an apple or any food
- drinking
- smoking
- manually changing the car radio or sat nav
- putting on makeup
- checking yourself in the rearview mirror
So, what’s the problem?
The specific offence of using a hand-held mobile phone has been in force since 2003. Judges have decided that the law means that you cannot use the device for an ‘interactive communication’. Even so, Police regularly charge drivers now simply because they had a phone in their hand. However, the Police must be able to establish that you were not merely holding the device but that something interactive was going on. If you are is seen chatting on the phone, it is pretty easy to prove, of course. But what if you are holding the phone in your hand & are just looking at it?
Some uses of the mobile phone are currently not ‘interactive communication’ – and hence not caught by the law for this specific offence. This is the gap being closed.
Current unlawful “interactive communication” activities
You hold the mobile phone or similar device and are ;
- making or receiving a phone call
- sending a text message or an e-mail
- accessing the internet or social media sites
- accessing streaming services
The Government proposes changing the law so that you would be guilty of an offence if you use your hand-held mobile phone or similar device for any purpose while driving.
This means that when holding the phone (or other devices) the following lawful activities (and possibly more) would become unlawful even if it took only one second ;
- illuminating the screen
- unlocking the device
- checking the time or for notifications
- rejecting a call
- composing texts or e-mails to save in drafts
- taking photos or videos or using the phone’s camera as a mirror
- searching for music stored on the phone
- searching for photos or other images stored in the phone
- dictating voice messages into the phone
What about phones in cradles or used as SatNav?
No changes will affect the use of mobile phones which are positioned in a cradle and used while remaining in the cradle (for example as a satnav). This is despite the fact that even if a cradle is used, it can be as distracting as when being held. The safer option will be to programme the phone before you start your journey so that you do not have to touch it while driving. Will we see an increase in the number of drivers being charged for not being in control of their vehicle for touching a phone in a cradle?
Penalties
Drivers who unlawfully use a hand-held mobile phone while driving are most likely to receive a fixed penalty notice offer (FPN) of £200 and 6 Points. If the case goes to the Magistrates’ court – because the police decide to prosecute or the driver declines the FPN to contest the case in court – the maximum possible fine is £1,000 (or £2,500 for vocational bus and lorry drivers when driving larger vehicles). A 6-month driving ban can also be imposed if these points take you to 12 or more in a 3 year period.
Vocational drivers holding Cat C and D licences can also have action taken against their licences by the Traffic Commissioner – such drivers can expect a suspension of their HGV/PCV entitlements for a few weeks for offences.
New drivers: a newly-qualified driver cannot accrue 6 or more penalty points within two years of passing their driving test. If they do, the licence is revoked automatically by DVLA and the driver must re-take both theory and practical tests as a provisional licence holder. So, a single mobile phone offence for a new driver means the automatic loss of their licence.
Other offences
More serious offences can & are already charged where the driving involves or includes the use of a mobile phone (or, other device.) These include all categories of dangerous or careless driving, whether or not leading to fatal or serious injury. Lengthy prison sentences can be, and are, imposed, for offences where distraction, even momentary, has been caused by phone misuse.
Comment
Clearly, the current law is out of date but how will these changes be implemented?
Fairly?
Are these changes going to make the law clear & easy to understand? I do not think so.
I think the Police will prosecute if they see you with a phone in your hand even if you are scratching your head while holding it. So, will they have to prove that some “use” of the phone was taking place? How will they prove that? How can you prove they were wrong? Your phone data shows calls, texts etc but will it show that the screen was not illuminated by you?
Is it reasonable for you to get 6 Points for simply holding your phone momentarily but only 3 Points for consuming food or beverages over a longer period?
I think that there should be a range of points (as there are for many offences) for offences involving a mobile phone depending on what was being done & for how long; 3 to 6 Points would be my suggestion.
One welcome change is that it is proposed that there will be a new exemption so that drivers will be allowed to make contactless payments using a mobile phone at appropriate locations, for example at drive through food outlets.
I expect a massive increase in prosecutions so the safest option is ;
- make sure you have a hands free system
- do not pick your phone up at all
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