Amy Thomas, of Watkins & Gunn Solicitors, considers the new increased penalties for using a mobile phone while driving. From 1st March 2017 penalties for using a mobile phone while driving will double.

In more serious cases, police can also prosecute drivers for careless or dangerous driving.

Since 1 December 2003, it has been illegal to use a hand held phone or similar device whilst driving a motor vehicle or riding a motor cycle. However, despite this, the chances are that atsome stage, we will all have seen another motorist using their mobile phone when queuing intraffic or driving. This has understandably led to growing concerns that this offence is not being taken sufficiently seriously and the current penalties are not a sufficient deterrent. Itishoped that harsher penalties will create a shift in attitude, similar to that seen with drink driving and the use of seatbelts.

Previously motorists would face a penalty of three points and a £100 fine but, asof 1 March 2017, the Road Traffic Offenders Act 1988 (Penalty Points) Amendment Order 2016 will come into force in England, Scotland and Wales. Any motorist then caught using their mobile phone whilst driving will automatically receive six points and a £200 fine.

In the first two years of holding a licence, new drivers can only receive a maximum of six points, therefore these changes mean new drivers run the risk of immediately losing their licence. Repeat offenders may also have to appear in Court if they are caught a second time. In addition, they could face a fine of £1,000 and receive a six month driving ban.

The definition of use, is not limited to just answering a call, it also extends to sending a text message, following a map or scrolling through social media on your mobile phone.

Over recent years, there have been an increasing number of severe and fatal accidents caused by motorists using their mobile phones. As a result, the Government has announced that the penalties are to be increased. Motorists will no longer be offered the opportunity to go on a driver awareness course once the new legislation comes into force. If you require any advice or assistance in relation to motoring offences, please do not hesitate to contact our Road Traffic Law Department on 01495 768921.

This article is for general information purposes only and does not constitute legal or professional advice. For more information contact Watkins & Gunn Solicitors on 01633 262122 or visit to our website www.watkinsandgunn.co.uk