The more you cycle, the more you notice how many motorists are using mobile phones illegally.
The threat of six points and a £200 fine appears to be no deterrent. And the most maddening thing is that there’s already a solution – ask any young motorist who’s covered by the insurer Marmalade and they’ll tell you all about it.
A condition of the insurance is that driver behaviour is monitored by an app. Accelerate too quickly or brake too harshly and points are deducted from a running total – lose too many points and the monthly premium can double. However, perhaps the most powerful benefit of this app-based motor insurance is that the user is forbidden from touching their phone’s screen while driving – cradle or no cradle.
The fact drivers fail to take the matter seriously mirrors the apathy exhibited by authorities; in 2015, cyclist Lee Martin was killed by a driver who had eight previous convictions for using his phone at the wheel. Another case in 2015 saw a driver who was talking on her phone hands-free run over and kill a two-year-old child. She was looking for a parking space while talking and assumed she had struck a shopping trolley, Harrow crown court was told. The driver escaped a jail sentence.
Driving, mobile phones and the law
The law on people using their mobile phones while driving became stricter earlier this year. Drivers can now receive six points on their licence for any hand held phone use.
Since 2003, it’s been an offence to use a hand-held mobile phone for ‘interactive communication’ while driving. However, over the last decade, use of phones has evolved to include playing music and games, taking photos or videos…some motorists even use their phones to watch television while they’re driving.
The change to the law has been prompted by recent court cases, including the driver who was filming a nearby road crash while at the wheel but was subsequently found not guilty because they were not using a hand-held mobile phone for ‘interactive communication’. The judge said the driver’s actions were ‘out of the scope of this offence.’
Researchers at the Transport Research Laboratory said the law changes are sensible, but the ongoing “focus on ‘hand-held’ devices misses the point”, and a wider appreciation of how even ‘hands-free’ technology can distract drivers is needed.
New mobile phone law for drivers
The new offence will cover any device which is capable of interactive communication even if that functionality is not enabled at the time. This will include a device in flight mode.
The definition of ‘using’ a phone will now cover the following:
- illuminating the screen
- checking the time
- checking notifications
- unlocking the device
- making, receiving, or rejecting a telephone or internet based call
- sending, receiving or uploading oral or written content
- sending, receiving or uploading a photo or video
- utilising camera, video, or sound recording
- drafting any text
- accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages
- accessing an app
- accessing the internet
Driving while using a mobile phone: The human cost
Clearly all use of a hand-held mobile phone while driving is reckless and dangerous, and not just when being used for the purposes of a call or other interactive communication. However, if you’d like an insight into the human cost, watch the first few minutes of our documentary about road danger…
Stop Killing our Children from ETA on Vimeo.
The ethical choice
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Vincent Edwards
For drink driving there is a mandatory twelve-month disqualification – the courts have no discretion. There is also the ultimate threat of a prison sentence.
Surely having a conversation on the ‘phone or, worse still, checking Facebook while driving is far more distracting than “merely” being tipsy. So why no ban for ‘phone use at the wheel? Why no prison sentence for a second offence? Six points and a fine isn’t enough to scare these drivers. Seeing their mates locked up for texting at the wheel might be enough to bring home to them the danger they are causing.
Paul
I would never use my phone whilst driving …. except, I use It as my satnav – which is an app on my phone. How does that fit with the new law?
John Heathcote
Vincent and Paul both make valid points. Using a phone for satnav is relatively harmless. And fiddling with a built-in satnav while driving is just as hazardous as fiddling with a phone. Even fiddling with the radio can be distracting and involves no longer looking at the road.
Peter Soper
I’ve got to agree with John. I’ve read several articles by motoring journalists complaining about touchscreens in cars, especially Volkswagens, which are fiddly to use and must be very distracting. Until a few weeks ago I had never owned a car with a screen and I still have not used satnav, but I am very aware that cd players, radios, heating controls and all sorts of other things take your eyes from the road if only briefly.
james
you set your phones sat nav before setting of and it then tells you the directions. no need to touch your phone when driving