Call 0800 048 8696 -BUT not whilst driving !
Using A Mobile Phone When Driving, The Law In Scotland
If using a mobile phone when driving then expect 6pp and a hefty fine or worse.The Prime Minister was quick to respond to the public outcry over the case of lorry driver Tomasz Kroker, who was scrolling through music on his phone just before he ploughed into stationary traffic on the A34 in Berkshire, killing Tracy Houghton, 45, her sons Ethan, 13, and 11-year-old Josh, and step-daughter Aimee Goldsmith, 11. These cases should not be mixed up in the mind of the public with the offence of “using a mobile phone while driving”
Ofcourse it was a nightmare scenario but this was a death by dangerous driving case not a “Using a mobile phone whilst driving case”. The backlash resulted in much debate about mobile phone use and the punishment fitting the crime etc. It also led to confusion in that cases like the Kroker case get reported in the press as “Mobile phone driving” case when in fact the use of the mobile phone was simply the most significant aggravation of a piece of highly dangerous driving.
There is a difference. That difference matters because when people are charged with using their mobile phones under the law. At roadtrafficlaw.com we carefully read through the law and the current case law precedent that affects the definition of use etc. It is really important that you obtain advice from a lawyer who is bang up to date on the guiding case law and is able to secure the best possible outcome for you.
New drivers face revocation of their driving licence if caught using a mobile phone whilst driving-No excuses, no training or awareness courses will be offered. In Scotland the case will be reported to the Procurator Fiscal and you can expect a citation to court in the post or an offer of a Fixed Penalty of £200 and 6 Penalty points.
Here is the relevant legislation from the CPS website in England where the current statutory law is the same as Scotland. The differences occur where the court of appeal sets precedents that define such issues as “use” or what “driving” actually is in law (Sitting at traffic lights in traffic is driving-even if stationary, so don’t be tempted to answer that call)etc
The Road Vehicles (Construction and Use) (Amendment) (No 4) Regulations 2003 which came into force on 1 December 2003. Amending the Road Vehicles (Construction and Use) Regulations 1986, by inserting Regulation 110 into the constructions and use regulations.
Regulation 110 (1) and (2) prohibits a person from driving, or causing or permitting a person to drive, a motor vehicle on a road if the driver is using a held-hand mobile telephone or a hand-held device. Regulation 110 (3) prohibits a person from using a hand-held mobile telephone or hand-held device while supervising a holder of a provisional license ( learner driver) whilst the learner is driving.
Regulation 110 (5) provides that the regulation is not breached where a person makes a call to the emergency services on 999 or 112 in response to a genuine emergency, where it is unsafe or impracticable for him (or the provisional licence holder) to cease driving whilst the call is made.
It is an offence under section 41 D(b) of the Road Traffic Act 1988 to contravene Regulation 110. The penalty imposed will depend upon the type of vehicle driven.
Terms of note:
- Hand-held / Hand-held mobile phone: Regulation 110 (6)(a) states that a mobile phone or device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call, or performing any other interactive communication function.The term “mobile phone” will cover cell-phones and smart phones.
- Hand-held device: Regulation 110 (4) describes a hand-held device as any other device which performs an interactive communication function by transmitting and receiving data, other than a two way radio using specific frequencies. Regulation 110 (6)(c) provides a non-exhaustive list of “interactive communication functions” such as: sending or receiving oral or written messages, sending or receiving facsimile documents, sending or receiving still or moving images, and providing access to the internet. Communication with the internet is included – the interaction does not therefore have to with another person.
- Use: There has been some confusion and some debate about what use means.A phone or device will be in use where it is making or receiving a call, or performing any other interactive communication function whether with another person or not.The particular use to which the mobile phone must be put is not defined as an element of the offence. The prosecution must merely prove that the phone or the other device was hand held by the person at some point during its use at a time when the person was driving a vehicle on a road.
- How to handle the police if charged with using a mobile phone while driving (A short video from Graham Walker)