Regulatory and motoring solicitor, Nathan Taylor-Allkins, looks at recent Facebook posts purporting to be from the official GOV.UK website regarding “new legislation” that has been passed which allows the police to impose on the spot 3 month disqualification from driving for motorists caught using a mobile phone, and clarifies what the actual legal position is.
“You might have seen a post on social media, which, for all intents and purposes, looks entirely legitimate with official GOV.UK branding, that claims that legislation has been passed which allows the police to penalise motorists caught using a mobile phone whilst driving or whilst the engine is running, with an on the spot 3 month disqualification from driving. Quite simply, and as Donald Trump loves to say, this is fake news and is incorrect.
The post appears to have been widely circulated, but the Driver and Vehicle Standards Agency have confirmed that this is not true and that the penalty remains six points and a £200 fine. Of course, if you have held your full licence for over 2 years and already have 6 or more penalty points on your licence then you will be at risk of a mandatory minimum 6 months’ disqualification under the ‘totting up’ provisions, unless you can argue exceptional hardship. The outlook is even bleaker if you are a new driver, i.e. you have held your full licence for less than 2 years, as your licence will be revoked for obtaining 6 penalty points and you will have to re-apply and pass both the theory and practical test before you can drive again.
For further advice on mobile phone allegations or the possibility of disqualification/revocation, or on any other road traffic offences, please contact our specialist team by telephone in Milton Keynes (01908 202150) and Cambridge (01223 411421) or email us at firstname.lastname@example.org