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New 2017 Mobile Phone Law – 6 Points and Ban for New Drivers

It’s been coming for a while, but as of today the law on using your mobile for when driving has now been tightened.

If you are caught using your phone while in charge of a vehicle you will now be handed six points and fined ÂŁ200. For new drivers this will mean a ban and having to resit you theory and practical test.

Many people will see this punishment as harsh but the old punishment wasn’t seen to be working with many drivers still flouting the ban on mobile phone use. For 2015, where stats were last published, 22 people were killed and 99 seriously injured in accidents where a driver was using their phone.

If a fear of points, a fine or a ban aren’t enough for you then here’s a very graphic reminder of what can happen if you are distracted from driving while using a phone

What many people don’t realise is that you will also be charged if you are using your phone while stopped at traffic lights or in stationary traffic. If you need to use your phone, or you are using it as a satnav then you need to park and use it there.

EDIT

As asked for, here’s a breakdown of what you can and can’t do (thanks to Surrey Police)

The offence can be broken down into four key elements: all four elements must be present for an offence to be committed. Let’s quickly look at each element:

  1. Using. Any interaction with, or use of, the device. This can include, but is not limited to:phone calls, texting, satnav, use of social media, taking a photo/video, selecting music, adjusting settings, setting up bluetooth, checking the clock ont he screen, accepting jobs (courier/taxi driver), using in speakerphone mode
  2. Handheld. The device is handheld 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. For it to be used handsfree while driving the device should be secured in a cradle/holder (which must not be within the swept area of the windscreen) then the driver is permitted to use minimal contact to accept/decline calls or perform other simple functions, again, with minimal contact in the way that you might turn the heating up or down.
  3. Mobile Phone. This is any mobile phone or similar device that performs an interactive communication function by transmitting or receiving data, except two way radios
  4. Driving. This is not strictly defined in legislation, however being “in control of the direction and/or the propulsion of the vehicle” is a good place to start. If the wheels are in motion then you are definitely driving. If you are stopped or not moving then you could still be driving. Common sense does apply. If you are parked safely and legally at the side of a road, with the handbrake on, then for this specific piece of legislation you would be ok. However, temporarily stopped at traffic lights or in a queue of traffic would be considered driving.
  • Other. You could still commit other offence even if all four of the above are not present. For example, if your mobile phone is in a phone holder and you are interacting with it and as a result your driving is affected, then you could be considered to be driving whilst not in proper control, or, without due care and attention.
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