Using A Handheld Device Whilst Driving – K S P Solicitors
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Using A Handheld Device Whilst Driving

It’s an offence to use a hand-held phone whilst driving a motor vehicle. (Section 110 of the Road Vehicles (Construction and Use) Regulations 1986).

The legislation arises because of concern that the use of mobile phones whilst driving causes distraction. This distraction can lead to more serious offences such as dangerous driving or causing death or serious injury by dangerous driving, offences which carry custodial sentences.

Driving using a mobile phone and other hand-held communication devices such as navigation equipment is illegal. The offence is separated in three ways;

This offence carries a fine of up to £1000 with 6 points on your driving licence (The fine can rise to £2,500 if you are driving a bus, coach or heavy goods vehicle).

For the offence to be committed the law states there are four elements which must be met.

You were driving, on a road, whilst using, a hand-held mobile device:

You Were Driving – You must have been driving at the time of the offence, stopped momentarily would usually still be deemed as driving. However, if you were stationary in traffic for a long period of time, with no prospects of moving for some time there may be an argument to be had that at the time you were not driving.

On A Road – If you were on private land at the time, there may be an argument you were not on a road.

Whilst Using – There has been a lot of debate about what constitutes ‘using’ as there is no statutory definition. However, in our experience it must involve some kind of ‘interactive communication’ of actually using the mobile phone – For example picking a mobile telephone up and plugging a mobile telephone in, would not appear to be prohibited by legislation. There are many other examples, and much will depend on the circumstances.

A Hand-held Mobile Phone/Device – It must be a device which isor must be held at some point during making or receiving a call or messageor performing an ‘interactive communication function’. Clearly this includes all mobile phones, however, it does not include MP3 players, dedicated sat-navs or remote controls. It also does not include hand held radios or remote controls for in vehicle entertainment systems.

There is a defence if the person using the mobile phone fulfils three criteria:-