Increased penalties for use of hand-held mobile phones while driving Perhaps the most controversial element of the new Act is the change regarding the use of mobile phones. From 27 February, the penalty for using a hand-held phone when driving becomes a £60 fixed fine and three penalty points on your licence. This applies even if used when stationary in traffic. If the case goes to court the fine is up to £1,000 (£2,500 for drivers of vans, lorries, buses or coaches) and three penalty points (or disqualification). You can also be prosecuted for using a hands-free mobile phone if you are not in proper control of your vehicle. The penalties will be the same as for using a hand-held mobile phone. However, the penalties for driving carelessly or dangerously when using any phone can include disqualification, a large fine and up to two years imprisonment.
The Department for Transport has issued a statement saying that while the offence relates to the driver of the car, employers should also be aware that they can be liable for prosecution if they cause or permit their employees to use a phone while driving. This also applies to hands-free kits if the driver is found not to be in proper control of their vehicle as a result of taking a work-related call. It is therefore crucial that employers educate their employees not to use a hand-held mobile phone while driving. The Safe Driving Plus e-learning package from Cardinus teaches drivers the correct use of mobile phones along with the other key topics.
Drivers who receive penalty points on their licence as a result may be reluctant to admit it. One of the strengths of the Cardinus package is the facility to obtain licence details (such as penalty point information) from the DVLA, which is entered directly into the PACE reporting system, and thereby included in the individual's risk assessment.
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