Mobile Phone Driving... don't do it if you want to keep your license! With mobile phones becoming more and more a feature of everyday life, it is not surprising that they now have their own section and special mention within the Road Traffic Act 2006. Initially mobile phones were first brought into the legislation in December 2003 in an attempt to stop drivers using their mobile phones whilst driving. In February 2007 the penalty available for the offence was increased. The law prevents anyone from using a "hand-held" mobile phone whilst driving. Whilst you might think that the law only relates to the using of a mobile phone to make or receive calls, all uses of a mobile phone have been covered by the legislation. This means that you should not use your mobile phone for any means whatsoever whilst you are driving. The definition of use of a hand-held phone includes:
Penalties For Using A Mobile Phone Whilst Driving
The fixed penalty for using a mobile phone whilst driving from February 2007 was increased to ?60 and three penalty points. However, you can decide not to accept the fixed penalty and fine, but if you do so you will have to defend the charge in court. At the court hearing, the potential penalties are far greater. You could receive a maximum fine of ?1,000 or ?2500 if you are a driver of a van, lorry, bus or a coach.
The important thing to do is to take early action. Find an expert Mobile Phone Offences Solicitor and ask them what is likely to happen to you. Weigh up the implications of losing your licence. Will you lose your job? Will it restrict your daily living activities? It is important to consider all aspects so that you can consider how much you are prepared to spend on legal fees to try to keep your licence.
Ultimately, the best way to protect yourself is never to use your mobile phone while driving!
Read more about Mobile Phone Driving Offences?
Nicholas Jervis is a Solicitor (non-practising) and consultant to Reigate Solicitors Gray Hooper Holt.
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