On 25 March 2022 a new Statutory Instrument came into force in order to close a ‘loophole’ which exists in the law. After that date, it is clear that it will be illegal to handle a mobile phone whilst driving a motor vehicle.
In our article posted to this website entitled ‘Proposed Mobile Phone Use Changes’ we explained the Consultation that the Government had launched following the exposure of this ‘loophole’ during the prosecution by the DPP of Mr Barreto, the circumstances of which case we had previously covered in our article ’Use of Mobile Phone Allowed’.
Sukhdip Randhawa of Kangs Solicitors outlines these new Regulations.
If you are facing the prospect of proceedings in Court in relation to any motoring offences of any nature, it is imperative that you seek expert legal guidance to consider your position, including any potential defences which may be available to you.
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The Circumstances | Kangs Motoring Law Solicitors
- Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 prohibits the use, whilst driving a motor vehicle of handheld mobile telephones or other interactive communication devices, when performing an interactive communication function.
- Having been charged and convicted of using his mobile phone whilst driving in order to film an accident, Mr Bareto successfully appealed the conviction at the Crown Court.
- The Prosecution appealed to the High Court which agreed with the Crown Court Judge that, on those specific facts, Mr Bareto had not been using the phone at the time to perform an interactive communication and therefore did not fall foul of Regulation 110.
- It was this successful Appeal which led to the Government Consultation.
The New Law | Kangs Road Traffic Law Solicitors
- Regulation 3(1)(a) and (d) amend Regulation 110 of the 1986 Regulations by widening the scope of the offences to include any use of a mobile telephone or interactive communication device held in the hand whilst driving.
- These provisions remove the requirement that the driver is using the mobile phone or interactive communication device to perform an interactive communication function.
Potential New Defence | Kangs Motoring Solicitors
Regulation 3(1)(b) amends Regulation 1.10 by inserting an additional exemption to provide:
A person is not in contravention of that Regulation where the handheld mobile telephone or interactive communication device is being used to make a contactless payment at a contactless payment terminal, in compliance with the requirements as set out in this instrument.
Therefore, it will not be prohibited, for example, to use a mobile phone to make payments at tolls or on toll roads.
Who Can I Contact? | Kangs National Motoring Offences Defence Solicitors
If you are facing prosecution for a motoring offence of any nature, it is imperative that you seek immediate legal support and advice.
The Team at Kangs Solicitors assist clients facing motoring prosecutions of every nature on a daily basis and if you need expert help and advice, please do not hesitate to contact our team through any of the following: