Can you afford points for using your mobile whilst driving?
The issue of using a mobile phone and not being in a position to be in proper control of your vehicle is an area of road traffic law which is hot gossip at the moment with motorists and a campaign point for the police.
You can be prosecuted for using a mobile phone whilst driving a car, supervising a learner driver and causing or permitting the use of by the driver, punishable under S41D(b) of the Road Traffic Act 1988 with a penalty of a level 4 fine £2,500 (8 passenger goods vehicles) and Level 3 £1,000 for others with 3 points endorsed on your licence. These can be dealt with by a fixed penalty ticket.
Using a mobile phone includes a device which can be used to transmit data as an interactive communication. It requires being hand held at some point during the course of making or receiving a call, so if at any time during a call or text or immediately before or after then the offence will be committed. Hands free devices which are not held at all during the call will not be in breach of the law.
You may remember the case of Jimmy Carr, who was acquitted on the basis that he was using his mobile phone as a dicta phone not to text or call. However, there is doubt on this case. It was a magistrate’s case which will not bind other courts to hold the same decision and you must remember that evidence will be required to support the fact that you are not using it to text or call. You could write and produce evidence to the prosecution who may accept your evidence and discontinue the charge
Under S41D(a) not being in a position to have a proper view or control) is an offence Examples may be eating, drinking, reading maps, etc. Many motorists feel this is being abused by the police to persecute driver with if they see them having a bite of a bar of chocolate, an apple or drink or water when in fact they are still in full control of the vehicle. The problem is that motorists are excepting fixed penalty tickets or pleading to summons and often when defended the magistrates are deciding in favour of the police, but this area of law does need a decision as to what “not being in a position to have proper view or control” means, surely there must be evidence that the motorist cannot see the road ahead or is demonstrating that he is not in control i.e. weaving or causing problems for other motorists but at present that does not appear to be the case. Until we have a definition then the best advice is to avoid eating, drinking or doing anything other than driving.
If you have been stopped or have received a summons 
08000 55 66 31
For more information about mobile phone use CLICK HERE!
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