New mobile phone driving law should ‘educate police’ to save motorists from being fined

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Under the new driving law changes, motorists will be banned from using their phones to take photos or videos, scroll through playlists or play games. Currently, it is illegal to text or make a phone call (other than in an emergency) using a hand-held device while driving.

Anyone caught using their hand-held device while driving will face a £200 fixed penalty notice and six points on their licence.

Drivers will still be able to continue using a device ‘hands-free’ while driving, such as a sat-nav, if it’s secured in a cradle.

They must, however, always take responsibility for their driving and can be charged with an offence if the police find them not to be in proper control of their vehicle.

However, some industry experts believe the new changes will not change anything and attention should be diverted to other aspects of road safety.

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“Where they should start is educating police officers as to what is an offence when it comes to mobile phone use, and for them to undertake investigations.

“Some officers I have cross examined thought touching your phone whilst in a cradle was enough to convict.

“So many cases I have dealt with where the driver was not using the phone and the officer, because they assumed the driver was talking or messaging, charged them.

“However, obtaining the full records (including all data usage) shows that they had not used it.

“If officers are in doubt they have alternative offences to charge such as careless driving and not having proper control of a motor vehicle.

“Phone providers and manufacturers should also liaise with the Government on a way to stop people finding it a necessity to touch their phone.”

Following a public consultation, 81 percent of respondents supported proposals to strengthen the law and make it easier for culprits to be prosecuted. 

The Government will revise the Highway Code to explain the new measures, including making the ruling more precise for drivers to understand.

In addition, the Department for Transport wants to make clear to drivers that being stationary in traffic counts as driving.

This is being done to show that hand-held mobile phone use at traffic lights or in motorway jams is illegal except in very limited circumstances.

There will be an exemption to the new law for drivers using a contactless payment using their mobile phone while stationary to ensure the law keeps pace with technology.

The public consultation also found that younger drivers are more likely to have used a handheld device at the wheel, supporting the need for the Government’s THINK! Campaign.

This works to boost road safety by targeting higher-risk, younger motorists and road-users.

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