DRIVING WHILST USING A MOBILE PHONE

In a  Judgment of the Divisional Court on 31.7.2019 (DPP v Barreto) it was decided that the use of a mobile phone to take a photograph or film was not use of a hand held mobile telephone or device for the purposes of Section 41D of the Road Traffic Act 1988 and Regulation 110 of the Road Vehicles (Construction and  Use) Regulations 1986.  The effect is to confirm that it is not a breach of the Regulations to use the telephone for something other than interactive communication (phone calls, messages, WhatsApp etc).

BUT, although you cannot be prosecuted under this particular piece of legislation that carries with it 6 points or a period of disqualification, use for the purpose of taking photographs or playing video games or any of the other myriad uses now available on modern mobile phones could still constitute either careless driving (minimum of 3, maximum of 9 points or a disqualification) or dangerous driving (minimum 12 months disqualification or 12 months with a requirement for an extended test once the period of disqualification has been served  plus the strong likelihood of a custodial sentence)

Accordingly, our advice is not to use a hand held mobile phone whilst driving as the Police are now much more likely to charge either careless or dangerous driving with the necessity of proving that the phone was being used as an inter-active device.  Effectively, a small battle won but a war probably lost.

Should you require any further advice or assistance please telephone Chris Johnson or Tony Birchall on 01606 592159