Driving Whilst Using a Mobile Phone

Driving Whilst Using a Mobile Phone 

One of the more common motoring offences we deal with is driving whilst using a mobile phone. Whilst the act of committing this offence can be short lived, the repercussions for being found guilty of the offence are significant. 

At Olliers Solicitors, our specialist motoring law team has extensive experience representing clients accused of this offence. We can help you understand your legal position and explore all available defences and mitigation. 

The Legal Framework 

Section 41D of the Road Traffic Act 1988 stipulates that a person is guilty of an offence if they contravene or fail to comply with a construction and use requirement:

1. As to not drive a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or as to not cause or permit the driving of a motor vehicle by another person in such a position, or 
2. As to not drive or supervise the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or as to not cause or permit the driving of a motor vehicle by another person using such a telephone or other device.

Section 110 of The Road Vehicles (Construction and Use) Regulations 1986 outlines the construction and use requirements that are relevant to this offence. 

What is Considered a “Device”? 

Section 110(4) of The Road Vehicles (Construction and Use) Regulations 1986 outlines that a device for the purposes of the regulations is any device (other than a two-way radio) which is capable of transmitting and receiving data, whether or not those capabilities are enabled.

When is a Device Hand-Held?

Section 110(6)(a) of The Road Vehicles (Construction and Use) Regulations 1986 outlines that a device is treated as being hand-held if it is, or must be, held at some point while being used.

What Constitutes “Using” a Mobile Phone 

Section 110(6)(c) of The Road Vehicles (Construction and Use) Regulations 1986 outlines that the word “using” includes: 

• illuminating the screen 
• checking the time 
• checking notifications 
• unlocking the device 
• making, receiving, or rejecting a telephone or internet based call 
• sending, receiving or uploading oral or written content 
• sending, receiving or uploading a photo or video 
• utilising camera, video, or sound recording functionality 
• drafting any text 
• accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages 
• accessing an application 
• accessing the internet 

Penalties for Using a Mobile Phone Whilst Driving  

If convicted of driving whilst using a mobile phone, the penalties include:

• 6 penalty points on your driving licence  
• A fine of up to £1,000  
• Potential impact on your insurance premiums  
• Risk of disqualification under the totting-up procedure  

Defences  

There are several potential defences to a charge of using a mobile phone whilst driving 

• The phone or device was not hand-held 
• You were not using the phone or device 
• You were using the phone or device to make a call to emergency services 
• You were using the phone or device to perform a remote-controlled function of the motor vehicle 
• You were using the phone or device to make payment for a good or service and you were stationary 

Each case is unique, and our team will carefully assess the circumstances to determine the best course of action.

Mitigation

If there is no viable defence in your case and the accumulation of the penalty points would face you to “tot up”, Olliers can provide the expert representation needed to present an exceptional hardship argument to avoid a driving disqualification.

How Olliers Solicitors can help with a Using a Mobile Phone Allegation

Our motoring law specialists have a proven track record in defending and mitigating for clients who are facing a using a mobile phone allegation. 

We will:

• Assess the strength of the prosecution’s case  
• Identify any evidential weaknesses  
• Explore possible defences 
• Represent you in court and negotiate for reduced penalties where appropriate 

Why Choose Olliers?

• Decades of experience in motoring law  
• A proactive, strategic approach to defending your case  
• Clear, honest advice from the outset  
• Representation in both the Magistrates’ and Crown Court if required 

Contact Olliers – Motoring Law Specialist Solicitors  

If you’ve been accused of failing to furnish information, don’t delay. Early legal advice can make all the difference. 

Contact our specialist motoring team by completing the form below, emailing info@olliers.com or telephoning 0161 8341515 (Manchester) or 02038836790 (London).