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motoring procedure
updated
06 October 2009
Using a mobile phone while driving...or not?
We doubt there are any motorists who are not aware
that it is illegal in the UK to use a handheld mobile phone whilst driving your
car.
The current penalty for this offence is 3 points on your
driving licence and a fine of up to £1,000.
That seems quite clear, but what constitutes "use" of a mobile phone, and
exactly when are you deemed to be "driving" your car.
Driving a car
The term "driving" has a very wide definition in motoring law matters. You
can generally still be considered to be driving, even if you are stationary,
sitting in your vehicle off the road, but with your engine running. Turning off
your engine may be enough to prevent a successful prosecution.
If you are stuck in a traffic jam, then again you are
still driving your car as far the police are concerned and you open up yourself
to prosecution if you use your mobile phone other than through a hands-free kit.
Every case is different and it is very difficult to lay down hard and fast
guidelines.
Using a mobile phone
Most policemen believe that if they see you with your mobile phone or PDA in
your hand while driving your car, then you have committed the offence of using a
mobile phone while driving. This is not our view, nor the view of our panel of
specialist motoring law solicitors.
For there to be "use" of the phone there has to be some
form of interaction with the device - so looking to see who is calling, or
looking up a number, or dialling a number, as well as, of course, speaking or
texting someone with it. The act of holding the phone in your hand is not, in
our view, enough, on its own, to establish in law that the phone was being used.
It is a matter for the prosecution to prove that you were "using" the phone.
This will usually be by way of evidence from an officer who saw you on the phone
in your car. But if you can prove that you did not make or receive any calls or
texts at the time of the alleged offence, then you may be able to establish that
you were merely holding/moving the phone and the offence would not be committed.
Our advice
If you have been reported or charged with using your mobile phone while driving your car,
but actually you were not making or receiving a call, or you were not on the
move at the time, then contact one of our panel solicitors immediately for some
free initial advice. Simply complete the short form below and submit it to us
and we will get them to contact you.
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