Professional drivers holding a CPC to drive a Passenger Service Vehicle or Goods Vehicle are expected to uphold the highest standards of driving and any endorsement of penalty points on the licence can bring them before the Traffic Commissioner for a driver conduct hearing.
If a professional driver is convicted of driving using a mobile phone in a small vehicle they will initially have 6 penalty points imposed on their licence and a fixed penalty of £200 or fine at Court. If the offence was committed in a commercial vehicle, the fine at Court can be up to £2500. The police no longer offer driver awareness courses for this type of offence so an endorsement will always follow and if you reach 12 points on your licence you will face a six month disqualification.
The Traffic Commissioner will need to be notified in relation to every endorsement on a driver’s licence. Where a first mobile phone offence is committed in a small vehicle, there will be at least a warning from the Traffic Commissioner’s Office. An offence committed in a commercial vehicle will usually lead to a call to attend a Driver Conduct Hearing before the Traffic Commissioner with a suspension of 4 weeks. Subsequent offences will lead to longer suspensions even where a disqualification is avoided at Court.
Professional drivers should always exercise extreme caution when using phones in a commercial vehicle. Even taken calls via hands free devices can lead to distractions and prosecutions of careless driving.
If you face prosecution for a mobile phone offence or have been called before the Traffic Commissioner call our expert team for free initial advice on 0800 046 3066
For more information on being referred to the traffic commissioner for phone offences contact our solicitors on 0800 046 3066