July 10, 2008

Midlands legal motoring experts Higgs and Sons warn of stiffer penalties for using your mobile phone while driving. 

Catherine Junor, a private motoring law specialist, advises: “Motorists who use mobile phones while driving could face tough sentences, as guidelines stipulate that using a mobile phone while at the wheel can now be treated as dangerous, instead of careless driving. Dangerous driving carries a maximum sentence of two years in prison.”

The penalty that is usually issued for simply using a mobile phone while driving is a fixed penalty of three penalty points and a £60 fine, and the more serious allegation of dangerous driving may be pursued by the police, depending on the quality of driving at the time. These charges can be brought against anyone whose driving it is believed has been adversely affected by using a mobile phone.

Catherine advises against momentary lapses.  “Many people take extra care during office hours, but soon forget the rules when relaxing with the family.

“It is all too easy to think it is okay to take a quick phone call, especially when you may have a car full of children distracting you. In the eyes of the law however, the use of mobile phones is not allowed at any time when driving unless an emergency arises.”

The issue of emergencies is a little known grey area of the law, as you are allowed to use your mobile while driving, if you’re dialling an emergency through 999, or if you are in an emergency situation.  Craig Bond, another Motoring Specialist at Higgs and Sons, says that “There is no specific definition of an emergency, cases would need to be judged on their merits”.  While the definition of an emergency situation isn’t specified in law you can take solace in the fact that, if you can prove that you were in contact with the emergency services when clocked on the phone, you should have a robust defence.  Although the chances are you could do without the delay that explaining it to the police would present.

Mobile phones are not the only thing that you can be prosecuted for using if deemed to be driving dangerously.  Using Satellite navigation systems or MP3 players could also see you fall foul of the law if they affect your driving too badly.
 
The bottom line is, that if you make sure that you’re paying attention and in control of your vehicle at all times you’re less likely to feel the wrath of the law and also less likely to be responsible for a crash.

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