Mobile Phone Offences

Current law re the practice of driving while using a hand-held mobile phone is in reg 110, Road Vehicles (Construction and Use) Regulations 1986.

It creates 3 offences:

  • Using the hand-held device while driving
  • Causing or permitting another to drive while using a hand-held phone
  • Supervising a provisional licence holder while the supervisor is using the hand held phone.

The device is one, other than a two way radio, which performs and interactive communication function by transmitting and receiving data.

Is it lawful to use a mobile phone with a hands free kit and still have a conversation while driving?

Regulation 110 (6) defines a hand held device as follows:

"a mobile phone or other device is to be treated as hand-held if it is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function."

An offence would be committed by:

  • Using the phone holding it in the hand when driving.
  • At some point during the course of receiving or making a call or sending a text etc, the driver holds the phone in his hand, even if momentarily.
  • Holding the phone to answer the incoming call even if immediately after holding the phone to answer it, he puts it down and uses the hands-free kit.

An offence would not be committed by:

  • A call being made or answered by pressing a button on an earpiece or the phone keypad, when the phone is mounted on a dashboard holder, because the phone is not being held at any time even momentarily.
  • If the phone is being used for an emergency to call the emergency services on 112 or 999 in response to a genuine emergency and it is unsafe or impracticable to stop driving to make that call, then no offence is committed.

The penalty will be £2,500 fine, discretionary disqualification and 3 points obligatory endorsement.

It is essential for the Crown to have evidence that the phone is being or has been held by the driver.

We have successfully helped client’s avoid penalty points for this offence. In our case of R v Young [2009] the court found there were special reasons and did not endorse any points.

If you or any member of your family is facing such a prosecution, contact us today for free advice about your case.