The law changed recently, which amended the definition of ‘using’ a hand held mobile phone or similar device. It is now an offence if you:

1. Illuminate the screen.
2. Check the time.
3. Check notifications.
4. Unlock the device.
5. Make, receive, or reject a call.
6. Send, receive or upload oral or written content.
7. Send, receive or upload a photo or video.
8. Use the camera, video, or make a sound recording.
9. Draft text.
10. Access any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages.
11. Access an application or access the internet.

Sentences

This offence can only be dealt with in the Magistrates Court.  6 penalty points to be endorsed on your driving licence, in more serious cases, a discretionary driving disqualification (no maximum period).  A fine of up to a £1000, or in the cases of passenger or goods vehicles up to £2,500.

Defences

Defences to this offence are often factual.  It can be a defence if you were not using an actual phone / handheld device, you were not driving at the time (the vehicle was stationary), or simply, the officer was mistaken.  Further issues such as an emergency, or necessity can also be a defence.  I.E., you were calling the police in an emergency.

You may also have a defence if you were simply making contactless payments whilst your vehicle was stationary at a drive thru.

It is worth noting, where ‘using’ cannot be proven, the police may prosecute you for a different offence. This will depend on the circumstances, but alternative offences include driving whilst not being in proper control of the vehicle or driving without due care and attention.

Even in evidentially challenging cases, we may be able to persuade the prosecution to agree a lesser charge resulting in fewer penalty points being imposed on your driving licence.

If you are being investigated or prosecuted for any motoring law / road traffic offence, please get in touch with our motoring law specialists.