It has recently been discussed how a driver, paying at a takeaway drive thru with their phone could see them ending up with a £1,000 and 6 penalty points.
WTF? I hear you cry, but a strict application of the law could see that happen.
It has been 2 years since the new laws for using a mobile phone behind the wheel were introduced. However, drivers in the UK seem reluctant to put their phones down, despite numerous reported and avoidable tragedies caused by drivers being distracted by their phones.
Being caught using your mobile phone behind the wheel, with the engine running can mean a £200 fine and 6 penalty points. If your driving is deemed to be careless the this can lead to a court appearance and a potential £1,000 f you are convicted.
For new drivers who have passed their test within the last 2 years, an offence like this can lead to am immediate driving ban.
One legal commentator stated: “The legislation is not limited to using a mobile for making calls and texts – it is illegal to operate a mobile telephone, in any way, which detracts from the driver’s attention to the road.
“This includes checking social media, or playing and changing music. And it may also include using a mobile telephone to make contactless payments at a drive-through restaurant.
“Put simply, touching a mobile phone whilst the vehicle’s engine is running, could, on a strict interpretation of the law, amount to a criminal offence.
“To avoid falling foul of the law, drivers should switch off their vehicle’s engine and apply the handbrake prior to using their mobile phone at any time.”
Rod Dennis, RAC spokesman, said: “Every driver should always ensure they are parked and have their engine switched off before using a handheld phone – anything else could land them in trouble, even if they are in a car park, drive-thru or petrol forecourt.”
The best advice is to turn your phone off before getting in your car and do not turn it on until you are out again and your junky is over.
About Carl Millar
Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.
Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.
With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.
Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07732 054827.