It is illegal to use a mobile phone while driving under section 41D of the Road Traffic Act 1988.

If you’re caught, you could face a fine, points on your licence, and in some cases, a driving ban.

Here at KeepMeOnTheRoad, our solicitors specialise in road traffic law. If you’re facing related to driving whilst using a mobile phone, we can help you;

  1. Understand the charges you’re facing
  2. Create a defence, and
  3. Support you if your case goes to court

For a free initial consultation, call us on 0115 910 6239.

What the law says about driving while using a mobile phone

No matter what the reason for doing so, it is illegal to use a hand held mobile phone while driving.

Earlier laws banned drivers from using their devices for communication purposes. The law has since been updated to ban drivers from using their phone for any reason.

The law also applies if you’re:

  • A passenger supervising a learner driver
  • Waiting at a set of traffic lights
  • Sat in heavy traffic

As long as your engine is running, it’s illegal to hold your mobile phone.

Is it legal to use a hands-free kit whilst driving?

Yes, as long as you do not need to interact with the phone, they are legal to use . You can use:

  • A Bluetooth headset
  • In car calling with voice command
  • A windscreen mount (which must not block your view of the road ahead)
  • A dashboard mount

Even with a hands-free phone kit, the police could still prosecute you under Regulation 104 of the Road Vehicles (Construction and Use) Regulations 1986 if they think you’re not in full control of your vehicle due to the use of such a device.

What are the penalties for using a mobile phone whilst driving?

The police can issue a Fixed Penalty Notice which includes 6 points and a £200 fine.

If you go to court you could face more a more severe penalty, depending on your situation. This could be;

  • A fine of up to £1,000 – if you were driving a smaller vehicle
  • A Fine of up to £2,500 – if you were in charge of a vehicle adapted for eight or more passengers
  • A driving ban

If you’re a new driver who passed your driving test within the last two years, you could lose your licence.

Also, if;

  • You have committed two or more offences of using a phone or sat nav whilst driving within three years, or
  • The total penalty points on the licence exceed 12

The Court will impose a six month totting up ban.

Defending against a mobile phone driving offence

According to the crown prosecution service, you could have a defence if you can prove that:

  • Made a call to the emergency services on 999 or 112
  • In response to a genuine emergency, and
  • It was unsafe or impractical for the driver (or provisional license holder) to stop

What to do if you’re convicted of a mobile phone offence while behind the wheel

Contact us today and arrange a FREE consultation to get some initial advice.

Our specialist motoring offence lawyers can help you understand the charges your facing and help to create a defence.

If you don’t have a defence we can argue, we can help to make sure you receive the lightest sentence possible.

Call us today on 0115 910 6239

Or

Email us at info@keepmeontheroad.co.uk