Put Your Phone Away!

31 July 2019

Using a mobile phone whilst driving can be very dangerous for the driver, other road users and pedestrians.

Any professional driver caught using a handheld device whilst driving will receive 6 penalty points on their licence and a fine of up to £2,500 (HGV and PSV drivers caught using their mobile twice or accruing 12 points on their licence will face the magistrates’ court). They will also be referred to the Traffic Commissioner and are likely to receive a suspension from professional driving.

In addition to this, the operator licence holder may also face action from a Traffic Commissioner if one of their drivers is caught using a handheld device whilst driving to speak to their employer or customers.

It is therefore important that employers provide drivers with training and have a policy in place on mobile phone use whilst driving. Our employment solicitors specialise in advising operators on such matters and providing this sort of training.

In a recent case, one HGV driver received a three month ban for filming traffic on his mobile phone whilst driving.

Despite the driver claiming that his actions had not been dangerous, the Traffic Commissioner decided that his conduct had fallen seriously below the required standards for a professional driver.

The Commissioner deemed that the appropriate action to be taken against the driver for the offence was to take away his vocational entitlement and disqualify him for three months. At the end of his disqualification, the driver will have to reapply for his vocational licence if he wants to drive professionally again.

If one of your drivers have been caught using a mobile phone whilst at the wheel, please call us on 01254 828 300 and ask for a member of our Employment or Regulatory team. Alternatively, you can email us at regulatory@backhouses.co.uk.