Mobile Phone Use
- 0141 423 7389
- euanrobertsonsolicitors@gmail.com
- The Wedge, 1066 Barrhead Rd, Glasgow G53 5AB, United Kingdom
- Mon – Fri: 09:00am – 17:00pm
Roadside fines and six penalty points have been handed out since 1 March 2017. You could also go to court, which might lead to a driving ban or a fine of up to £1,000.
Road Traffic Act Section 41D(b): A person who contravenes or fails to comply with a construction and use requirement
A person who contravenes or fails to comply with a construction and use requirement—
(a)as to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or not causing or permitting the driving of a motor vehicle by another person in such a position, or
(b)as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device, is guilty of an offence.
We have dealt with cases involving mobile phone use whilst driving. A client in Ayr was acquitted after the Crown failed to prove that a mobile phone was actually being used.
What are the penalties for using a mobile phone while driving?
Six penalty points, a £200 fine, and potential revocation of your licence by DVLA if you are a new driver.
Is it illegal to use hands-free devices while driving?
No, hands-free use is permitted, but you must maintain full control of the vehicle.
What counts as using a mobile phone at the wheel?
Holding and interacting with a mobile device, even for a brief moment, constitutes use.
Are there exceptions to the mobile phone driving law?
Yes, emergencies or when parked safely are exceptions.
How do police catch drivers using mobile phones?
Through roadside observation, camera surveillance, and direct stops.
What is the fine for mobile phone use while driving?
The fixed penalty is £200 a court fine will be higher.
Does using a mobile phone impact your insurance?
Yes, convictions for phone use often lead to increased insurance premiums.
Can you lose your licence for using a mobile phone?
Yes, especially if you’re a new driver or if it’s a repeat offence.
How can I challenge a mobile phone offence?
Provide evidence that you were not using the phone or that the accusation was incorrect.
Is it illegal to check your phone at traffic lights?
Yes, the law applies even when stationary in traffic.
With over 30 years of experience Euan can advise and represent you to obtain the best possible outcome. Depending upon the evidence in each individual case, he will assess with you the evidence and advise you whether you should be going to trial or tendering a plea of guilty.
