Hatchers’ lawyer says motorists who break the law could be playing for higher stakes than they realise following the introduction of beefed-up penalties for using a handheld mobile phone while driving…
Neil Campbell, a criminal defence solicitor at Hatchers in Shrewsbury is warning that not only does the new legislation which came into force on 27 February impose an automatic three licence points plus a £60 fine if you are caught using a handheld mobile phone while driving, but it also allows for discretionary fines of up to £1,000 and disqualification.
“If a driver refuses to accept the fixed penalty and decides to go to court, magistrates have the power to impose much bigger fines than the statutory £60 if they find him guilty,” says Neil. “What is more, they can also decide to disqualify a motorist even if he previously has no points on his licence. This is a little-known amendment to the Road Safety Act 2006.
“The use of a hands-free phone is not specifically prohibited but, if you are distracted when using one, then you are caught by another law that can prosecute you for failing to have ‘proper control of a vehicle’. You’ve guessed it – the result could be a fine and three penalty points.”
THAT’S NOT ALL…
● If an employee uses a handheld mobile while driving their employer can be charged with breaking the law. If its policy (written or verbal) is found to “cause or permit the offence to take place”, for example by ringing an employee when he is driving, an employer could face fines of up to £1,000. An employer should protect its position (and that of its employees) by ensuring its health and safety policy is in line with regulations, emphasising to staff that breaches of the law are unacceptable, and carrying out regular training in proper phone use.
● If you use a handheld mobile while supervising a learner driver you could be prosecuted.
● Not maintain proper lane position
● React more slowly
● Be much less aware of what is happening around them
● Feel more stressed and frustrated
If you would like advice from a defence lawyer on a motoring offence or any other criminal prosecution, please contact Neil on n.campbell@hatchers.co.uk or call our Crime Team on 01743 248545
Neil Campbell, a criminal defence solicitor at Hatchers in Shrewsbury is warning that not only does the new legislation which came into force on 27 February impose an automatic three licence points plus a £60 fine if you are caught using a handheld mobile phone while driving, but it also allows for discretionary fines of up to £1,000 and disqualification.
“If a driver refuses to accept the fixed penalty and decides to go to court, magistrates have the power to impose much bigger fines than the statutory £60 if they find him guilty,” says Neil. “What is more, they can also decide to disqualify a motorist even if he previously has no points on his licence. This is a little-known amendment to the Road Safety Act 2006.
“The use of a hands-free phone is not specifically prohibited but, if you are distracted when using one, then you are caught by another law that can prosecute you for failing to have ‘proper control of a vehicle’. You’ve guessed it – the result could be a fine and three penalty points.”
THAT’S NOT ALL…
● If an employee uses a handheld mobile while driving their employer can be charged with breaking the law. If its policy (written or verbal) is found to “cause or permit the offence to take place”, for example by ringing an employee when he is driving, an employer could face fines of up to £1,000. An employer should protect its position (and that of its employees) by ensuring its health and safety policy is in line with regulations, emphasising to staff that breaches of the law are unacceptable, and carrying out regular training in proper phone use.
● If you use a handheld mobile while supervising a learner driver you could be prosecuted.
DANGERS OF MOBILES
Research has shown that drivers’ reaction times are up to 50 per cent slower when using a mobile phone whilst driving. Drivers who use mobile phones are much more likely to:● Not maintain proper lane position
● React more slowly
● Be much less aware of what is happening around them
● Feel more stressed and frustrated
If you would like advice from a defence lawyer on a motoring offence or any other criminal prosecution, please contact Neil on n.campbell@hatchers.co.uk or call our Crime Team on 01743 248545
