Road safety statistics indicate that a person driving whilst using a mobile phone is four times more likely to have an accident. In an attempt to deal with this worrying statistic the government introduced legislation banning the use of mobile phones in December 2003. This piece of legislation was criticised for lacking teeth as drivers got off with nothing more than a £30 fine. In an attempt to reflect the change in social attitudes and fend off criticism, the government tightened up the regulations by increasing the penalties and widening its scope.
The law as it now stands states that using a mobile phone or mobile device whilst driving will lead to a fine of £60 and three penalty points. This will inevitably lead to more drivers being disqualified as “totters”, as the extra 3 points will take them over the maximum number of points allowed before being considered for disqualification. Further and of greater worry is the widening of the definition of a mobile device, now defined as any device which is capable of transmitting and receiving data. The legislation would of course forbid use of a mobile phone but would also criminalise the use of a Bluetooth device such as an earpiece as data is received and transmitted between it and the phone. How the courts interpret “use” only time will tell.
The legislation has also been extended to cover employers who require employees to take or make calls when driving. Other activities that are also caught by the new regulations include listening to voice mails, sending or reading text messages, sending or receiving faxes or using the Internet. Pushing buttons whilst the phone is in its cradle is not an offence, however, if the driver is distracted whilst doing this a prosecution can still be pursued for driving without due care and attention.
It is clear that the number of convictions for using a mobile device will increase and that will inevitably result in more drivers risking disqualification.
Should you require further advice on any issue raised within this article or require further assistance in drafting a mobile phone user policy for your organisation, then please do not hesitate to contact Isaac Mirza or Peter Grogan of our Business Crime Regulation Team on 0845 402 0001.
