S26 Road Safety Act 2006 to be exact - which says you cannot use a hand-held mobile whilst driving and nor may you supervise someone driving whilst using a mobile. Further, you cannot cause/ permit the driving of a vehicle by someone using a telephone or similar device.
The real change is that the penalty increases in that it becomes an offence with a fixed penalty of £60 and 3 penalty points will be endorsed if a fixed penalty is accepted. If a driver declines a fixed penalty and is prosecuted then, on pleading guilty/ being found guilty, 3 points may be endorsed or, worse, the court has the discretion to disqualify a driver for a period of the court's choosing. ( Max £1000 fine for £2500 or HGV/ PSV drivers).
Section 26 also introduces a like offence for driving a vehicle which does not give proper control or a full view of the road and traffic ahead ( e.g. obstruction on the dashboard?), or causing or permitting driving by another person in such a position.
Tim Ridyard comments: previously a fixed penalty simply meant a £30 fixed penalty. Now it is £60. Previously points/ disqualification could only be imposed if the court looked at an incident as careless driving - otherwise it remained a non-endorseable offence. The danger of this offence is that drivers may become blase about it and yet the points will count towards any possible totting conviction which is where 12 or more penalty points are attacted within a three year offending period.
Unlike the graduated points system to be introduced under the the Road Safety Act 2006, meaning that low-level speeding offences can be dealt with by 2 penalty points this offence must be marked by three penalty points.
Comments (1)
Commercial drivers should also bear in mind that by committing the offence, they may be liable to more than just 3 points.
Part of the Traffic Commissioner's role is to regulate vocational driving licences and this means taking action against LGV licence holders. We are now frequently seeing drivers, who have been convicted of using a phone whilst in charge of a vehicle, being called to appear before the TCs to justify why they should not have their LGV licences suspended or revoked. The TCs are taking a view that such actions indicate that the driver is not a fit person to hold a professional licence.
Andrew Woolfall
Backhouse Jones Solicitors
Posted by Andrew Woolfall | February 28, 2007 2:42 PM
Posted on February 28, 2007 14:42