Should mobile phone usage be criminalised like DD?

Convicted Driver Insurance

C J 1980

Established Member
Evening folks

As a convicted drink driver I've been reading a few news articles recently about the legislation surrounding mobile phones in vehicles and the government plans to clamped down even further on people caught using mobile phones behind the wheel.

As a pedestrian and cyclist these days - it beggers belief the amount of people I still see using their mobiles behind the wheel. I see quite a lot of culprits mainly in queues of traffic when vehicles are either at a stand still or moving slowly.

There has been a couple of recent fatalities in my neck of the woods involving HGV drivers using apps on their phones prior to colliding with other vehicles. There was one on the M58 in January 2019 when a wagon wiped out a child and a teacher.

The purpose of this thread is by no means my intention to deflect my own wrong doing because I broke the law - I am a convicted criminal and I could have killed somebody. I accepted my fate and have dealt with the consequences. I am just very thankful no one came to any harm when I got collared - in fact no one was even inconvenienced other than myself!!!

The use of a mobile seems to be the hot topic for traffic offences in the UK. The questions I would raise would be -

Should a driver caught with a phone be banned for 6 months? I believe newly qualified drivers get banned automatically as they only get entitled to six points in their first two years.

Should it become a criminal offence like drink driving?

Should there be additional punishments for repeat offenders like HROs (they get a minimum 3 year ban second time around).

If criminalising it - would the police now arrest or summons the offender? For the summons process - can the offender's vehicle be seized under revised police powers?

Can mobile phones be seized & analysed for data in low level offences of this nature?

Can the justice system deal with the volume of cases if people contest the charges?

This really is food for thought and having been in the situation I have because of my own selfishness & stupidity I do get pissed off that as a convicted drink driver we do sometimes get the thin end of the wedge when other 'sober' motorists are potentially committing dangerous acts themselves which put lives in danger.

It would be great to hear people's views on this. Maybe if the government did implement something much more robust with mobile phones, then people would certainly get off their soap boxes towards drink drivers and soon look at their own bad driving habits.

CJ
 
It’s driving without due care and attention. I’m fed up with the granularisation of something. Just feeds the bloated law process.
 
Evening folks

As a convicted drink driver I've been reading a few news articles recently about the legislation surrounding mobile phones in vehicles and the government plans to clamped down even further on people caught using mobile phones behind the wheel.

As a pedestrian and cyclist these days - it beggers belief the amount of people I still see using their mobiles behind the wheel. I see quite a lot of culprits mainly in queues of traffic when vehicles are either at a stand still or moving slowly.

There has been a couple of recent fatalities in my neck of the woods involving HGV drivers using apps on their phones prior to colliding with other vehicles. There was one on the M58 in January 2019 when a wagon wiped out a child and a teacher.

The purpose of this thread is by no means my intention to deflect my own wrong doing because I broke the law - I am a convicted criminal and I could have killed somebody. I accepted my fate and have dealt with the consequences. I am just very thankful no one came to any harm when I got collared - in fact no one was even inconvenienced other than myself!!!

The use of a mobile seems to be the hot topic for traffic offences in the UK. The questions I would raise would be -

Should a driver caught with a phone be banned for 6 months? I believe newly qualified drivers get banned automatically as they only get entitled to six points in their first two years.

Should it become a criminal offence like drink driving?

Should there be additional punishments for repeat offenders like HROs (they get a minimum 3 year ban second time around).

If criminalising it - would the police now arrest or summons the offender? For the summons process - can the offender's vehicle be seized under revised police powers?

Can mobile phones be seized & analysed for data in low level offences of this nature?

Can the justice system deal with the volume of cases if people contest the charges?

This really is food for thought and having been in the situation I have because of my own selfishness & stupidity I do get pissed off that as a convicted drink driver we do sometimes get the thin end of the wedge when other 'sober' motorists are potentially committing dangerous acts themselves which put lives in danger.

It would be great to hear people's views on this. Maybe if the government did implement something much more robust with mobile phones, then people would certainly get off their soap boxes towards drink drivers and soon look at their own bad driving habits.

CJ
Good post with some interesting points.

I'm of the view that it should be a criminal offence and can see the government going down that route soon as the current punishment has little or no deterrent effect.

Like dring driving it should be a minimum 12 month ban with the possibility of a 25% reduction if an awareness course is booked and taken.
These idiots need taking off the road and the sooner such a law is implemented, the better.
 
I don’t think you could have the same punishment for mobile phone use as the blanket ban that is imposed for drink driving.
you see cases of people who have been done for using a mobile phone whilst stationary at traffic lights. Unless the engine is switched off and the handbrake is applied then you can be done for this. It cannot be reasonable to impost a 12 month minimum ban for a 20 second call that poses no risk to anyone.
For drink driving, you can be prosecuted for “drunk in charge” if you are found in the car after drinking (or even stood by it) but the difference between these 2 offences is that you can make a call and put the phone away before you drive off, you cannot empty the alcohol out before you drive off!
 
I don’t think you could have the same punishment for mobile phone use as the blanket ban that is imposed for drink driving.
you see cases of people who have been done for using a mobile phone whilst stationary at traffic lights. Unless the engine is switched off and the handbrake is applied then you can be done for this. It cannot be reasonable to impost a 12 month minimum ban for a 20 second call that poses no risk to anyone.
For drink driving, you can be prosecuted for “drunk in charge” if you are found in the car after drinking (or even stood by it) but the difference between these 2 offences is that you can make a call and put the phone away before you drive off, you cannot empty the alcohol out before you drive off!
I would, respectfully, disagree.

The driver using a phone while stationary at traffic lights is the same driver who will be using a phone doing 80 on a motorway later in the day.

A couple of weeks ago I witnessed a driver in a traffic light controlled right hand filter, engrossed in conversation on her mobile. The light to go ahead went green and the filter remained red. The driver saw the traffic to her left start to move and she moved off. It was only the sound of my horn and that of transit van into who's path she was driving that made her slam her brakes on as the van went through about 3ft from the front of her car.

Mobile phone use while driving is a scourge. It's been an offence for nigh on 20 years and even the latest penalties don't discourage it.
We either find a way for technology to protect idiots from themselves and protect the innocent public or raise the penalty to the level where loss of licence is the consequence.
 
I agree it is a scourge.
I would never dream of using my phone doing 80 on the motorway, or any speed.... but I have used my phone when held up at temporary traffic lights that were stuck to phone home and say I was delayed.
Because I know the law, I switched off my engine and the handbrake was already applied. For someone in the same position - but not realise they are still the driver because they have left the engine running- to face a 12 month ban is way over the top. That is why I say a mandatory minimum 12 month ban for mobile phone use inside a motor vehicle is not a sensible approach. The punishment has been raised to 6 points, so twice the normal 3 points for speeding, meaning that if someone is done for mobile phone use they are only once more phone offence away from a totting up ban, plus insurance will rise with a conviction for mobile phone use much more so than for a speeding conviction. As this starts to bite, it may well help stem the use whilst driving.
on a side note, I once did a risk assessment for a company on their driving policies. When I asked about mobile phone use I was informed that their employees are strictly prohibited from using a mobile phone in their company vehicles. When I read the motor vehicle policy it stated that they would only use low emission vehicles..... and they must not be issued to staff until they had been fitted with a hands free system!
 
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I agree it is a scourge.
I would never dream of using my phone doing 80 on the motorway, or any speed.... but I have used my phone when held up at temporary traffic lights that were stuck to phone home and say I was delayed.
Because I know the law, I switched off my engine and the handbrake was already applied. For someone in the same position - but not realise they are still the driver because they have left the engine running- to face a 12 month ban is way over the top. That is why I say a mandatory minimum 12 month ban for mobile phone use inside a motor vehicle is not a sensible approach. The punishment has been raised to 6 points, so twice the normal 3 points for speeding, meaning that if someone is done for mobile phone use they are only once more phone offence away from a totting up ban, plus insurance will rise with a conviction for mobile phone use much more so than for a speeding conviction. As this starts to bite, it may well help stem the use whilst driving.
on a side note, I once did a risk assessment for a company on their driving policies. When I asked about mobile phone use I was informed that their employees are strictly prohibited from using a mobile phone in their company vehicles. When I read the motor vehicle policy it stated that they would only use low emission vehicles..... and they must not be issued to staff until they had been fitted with a hands free system!
I'm sure you wouldn't but I think you are the exception rather than the rule!

Yes, time will tell if the 'two strikes and you're out' takes effect. Given what I see on a daily basis it seems not so far.........

I think this is primarily down to the lack of traffic police available to uphold the law, but that is a whole different discussion.

A former company I worked for had a similarly ambiguous policy. The company handbook stated that the use of mobile phones under any circumstance was strictly forbidden in a company car but under allowable expenses was the purchase and installation of a hands free kit.
 
I agree it is a scourge.
I would never dream of using my phone doing 80 on the motorway, or any speed.... but I have used my phone when held up at temporary traffic lights that were stuck to phone home and say I was delayed.
Because I know the law, I switched off my engine and the handbrake was already applied. For someone in the same position - but not realise they are still the driver because they have left the engine running- to face a 12 month ban is way over the top. That is why I say a mandatory minimum 12 month ban for mobile phone use inside a motor vehicle is not a sensible approach. The punishment has been raised to 6 points, so twice the normal 3 points for speeding, meaning that if someone is done for mobile phone use they are only once more phone offence away from a totting up ban, plus insurance will rise with a conviction for mobile phone use much more so than for a speeding conviction. As this starts to bite, it may well help stem the use whilst driving.
on a side note, I once did a risk assessment for a company on their driving policies. When I asked about mobile phone use I was informed that their employees are strictly prohibited from using a mobile phone in their company vehicles. When I read the motor vehicle policy it stated that they would only use low emission vehicles..... and they must not be issued to staff until they had been fitted with a hands free system!
Hi there very interesting reading.. I agree with you both..

Anything with driving or in charge of machinery etc should be treated with respect.....

My policy is common sense.... SAFETY TAKES THE UPMOST RESPECT AND COMMANDS THE FIRST PRIORITY OF CALL

THATS MY PERSONAL VIEW, PS WENT TO AN INTERVIEW ANSWERED THE ANSWERS AND WAS NOT SURE WENT TO SAFETY FIRST APPROACH..
MY PARTNER JUST DONE THE THEORY TEST , I SAD THROUGH MOST QUESTIONS AND SHE PASSED AS LOADS OF QUESTIONS SHE NOT EVEN HEARD OF... APPLIED SAFETY ON THE RD AND SHE PASSED.

WE ALL MAKE MISTAKES BUT THE KEY IVE LEARNED....
A LITTLE WISER NOW AND
GREAT REMORSE FOR MY PAST ACTIONS...

PS HOW DOES IT WORK WITH ANSWERING ON A HANDS FREE KIT THEN, TECHNICALLY YOUR STILL USING A MOBILE
 
The current rules say that you CAN use a phone whilst driving if it is hands free.
what people don’t realise that does not mean that you can scroll through your contacts, select one and the dial.
Hands free means either voice activated or ONE touch to call. Multiple touches, even if you are not holding it, is not hands free.
Almost everyone knows that is is wrong to drink and drive, but then alcohol clouds their judgement.
on the other hand people think they can use their phone if they have a Bluetooth headset, with the phone on a cradle while they happily select their number and dial it.
More education is certainly needed, but I cringe when I see headlines like “mobile phone use is more dangerous than drink driving”.
This is not supported by statistics but what worries me more is that people will then think: “well I use my mobile phone and have not had an accident, and drink driving is less risky so I can do that as well!”
The key difference between the two is that you can use a mobile phone for 2 minutes (not that I advocate that) and be safe before and almost immediately afterwards. For drink driving you are a risk to other road users from the moment you get in the car to the moment you get out, you cannot switch off alcohol!
 
Thanks I've learned something today. 2 minutes wow...
One touch, lol .
I think how to prove or disprove I know dashcam, and bodycam etc.

I'll be too worried thinking about it now. The bloody stress of it all.
Plain and simple...
Leave the phone on passenger seat, turn it off or leave it at home if running a short errand...
Ps I did not know that when stationery, key off, handbrake and then use the phone.
I think that's BS
SAFETY FIRST, my way no phone activity whilst in driving. Period
 
Ps Price
Bluetooth... many businesses use bluetooth and answer call every few seconds. Hows that one touch. Without the need to actually touch the phone...
 
It isn’t. (It is one touch or less that is allowed!) But that is OK for receiving calls, to to make a call, unless you have voice dialing, (which in law is OK) then you have to press your phone to wake it up, select directory, scroll down to chose the person you want to call and select them. The fact that you have a Bluetooth earpiece to listen and talk through does not make that procedure hands free which the law (currently) allows.
 
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Like I said above, it's too granular. What's the difference between the use of a phone, satnav, getting car-park ticket out, adjusting heating, sneezing, responding to other car occupants, getting frustrated with other road users, switching radio channels, playing the imaginary drum kit.

I agree with the sentiment though, it's the education and attitude that needs adjusting but not by picking on individual items. I learnt more about the effects of speed by going on a TTC training course that should be mandatory for everyone. Perhaps the graphic traumas of distracted driving (for whatever reason) should be presented as part of the test and repeated.
 
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