Driving using a Mobile Telephone

Driving using a Mobile Telephone

There are three main offences in relation to the use of a mobile telephone:

  1. Use by the driver
  2. Causing or permitting the use by the driver
  3. Supervising a provisional licence holder whilst using

The offences are punishable under Section 42 of the Road Traffic Act 1988.

We can advise you in relation to what amounts to driving, causing or permitting, a motor vehicle, road and use.

We can also advise you on what defences exist.

As from the 27 February 2007, the offence is endorseable with three penalty points.

The offences are restricted to the use of hand-held mobile telephones.

Prior to the change in penalties in February 2007, it was not unusual for the police to charge in the alternative to use of a hand-held mobile telephone the offence of driving when not in a position to have proper control of the vehicle, which is endorseable.

That offence is still available and may apply in other cases, for example driving when using a telephone which is not hand held or performing some other activity when driving.

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