Experts Recommend Police Be Given Powers To Confiscate Mobile Phones From Drivers

Last month, Security Minister Tom Tugendhat received a 6-month driving ban and a £1000 fine after being spotted using his phone whilst driving.  

Commenting on his position, District Judge Jack McGarva told him: “I would expect you to set a good example to the rest of us in terms of your conduct.” The Conservative MP has been the elected representative for Tonbridge and Malling since 2015.  

Tugendhat was quick to admit the offence but clarified that he was only holding his phone. In a letter to the court, he stated: 

“I was holding my phone – not using it” 

“After the incident I took a course to refresh and correct my driving - I accept my responsibility and recognise my culpability.” 

This sentiment was echoed by his lawyer, Paul Morris: 

“He accepts the prosecution facts as they are, he cooperated fully with the police at the scene, and he entered a guilty plea at the very earliest opportunity, and today maintains that guilty plea” 

Changes to the Highway Code 

Tugendhat received the maximum fine under new laws introduced in March this year. 

Following changes to the Highway Code, it is completely illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle. 

GOV.UK states: 

‘You can get 6 penalty points and a £200 fine if you hold and use a phone, sat nav, tablet, or any device that can send and receive data while driving or riding a motorcycle. 

You’ll also lose your licence if you passed your driving test in the last 2 years. 

You can get 3 penalty points if you do not have a full view of the road and traffic ahead or proper control of the vehicle. 

You can also be taken to court where you can: 

• be banned from driving or riding 

• get a maximum fine of £1,000 (£2,500 if you’re driving a lorry or bus)’ 

When can you use mobile devices? 

The new rules outline two categories for acceptable device usage. Handheld exceptions and using a device hands-free. 

Drivers can use a device in their hand in the following four situations: 

• you need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop 

• you’re safely parked 

• you’re making a contactless payment in a vehicle that is not moving, for example at a drive-through restaurant or paying for a toll road.  

• you’re using the device to park your vehicle remotely. 

The government define device usage as hands-free if drivers are using: 

• a Bluetooth headset 

• voice commands 

• a dashboard holder or mat 

• a windscreen mount 

• a built-in sat nav 

In these circumstances, the device must not block your view of the road and traffic ahead. If it does, you may be liable to be stopped by police. 

If your device blocks your view or the police consider it to be a distraction, you could be issued with 3 penalty points. 

Time for tougher rules? 

It’s a well-known fact that using a hand-held device can cause serious injury and death.  

Research has even shown that texting while driving is six times more likely to lead to an accident than driving while under the influence of alcohol. 

Between 2014 and 2019, a total of 133 fatalities and 446 serious accidents were directly linked to drivers being distracted by their phones. 

While that might not seem to be a huge number, it means phones on average cause a major incident every three days. 

Founder of RoadAngel, Gary Digva, said:

“There’s a lot of confusion around the use of phones while driving but we think it is time for the police to take a much tougher approach. 

“Using devices while driving has been shown to cause accidents. It’s time a clear message was sent to motorists that it is never acceptable. 

“If police see any driver touching their phone while behind the wheel they should pull them over on the spot, seize the device and issue a fine. 

“Doing so would deter drivers from using their phones behind the wheel and send a clear message to all road users that phone use is dangerous.” 

Do you think police should be able to seize phones they see drivers using? Would it make our roads safer? 

If the new laws don’t have a significant impact on the rate of people using their phones while driving, it won’t be long until stricter regulations will be brought in.