Using a Mobile Phone while Driving (Section 41D Road Traffic Act 1988)

Using a Mobile Phone while Driving is an offence under s.41D(b) Road Traffic Act 1988. A person who contravenes or fails to comply with a construction and use requirement as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device, is guilty of an offence (s.41D(b)). The requirement is in reg.110 Road Vehicles (Construction and Use) Regulations 1986: no person shall drive a motor vehicle on a road if he is using a hand-held mobile telephone or a hand-held device, other than a two-way radio, which is capable of transmitting and receiving data, whether or not those capabilities are enabled (reg.110(1) and (4)). A telephone or device is hand-held if it is, or must be, held at some point while being used (reg.110(6)(a)), and "using" includes illuminating the screen, checking the time or notifications, unlocking the device, making, receiving or rejecting a call, sending, receiving or uploading content, using the camera, video or sound recording, drafting text, and accessing stored data, an application or the internet (reg.110(6)(c)). A person does not contravene the regulation where he is calling the emergency services on 112 or 999 in a genuine emergency and it is unsafe or impracticable to stop (reg.110(5)), is using the device only for remote-controlled parking within the stated conditions (reg.110(5A)), is making a contactless payment while the vehicle is stationary (reg.110(5B)), or is an emergency service worker using a push-to-talk device on an authorised network (reg.110(5C)). Maximum sentence: triable summarily only, a fine of level 3 on the standard scale, or level 4 if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers; endorsement is obligatory with 6 penalty points for an offence under s.41D(b), and disqualification is discretionary (Road Traffic Offenders Act 1988, Schedule 2, Part I).

In practice

This is a summary-only offence: it must be tried at the magistrates' court. Police may charge without CPS authority for summary offences. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).