Mobile Phone Offence

This is an offence under Section 41D of the Road Traffic Act 1988 and carries the maximum penalty up to £1,000 for car drivers (£2,500 for HGV and passenger vehicles carrying over 8 passengers) and 3 penalty points.

You can get 6 penalty points and a £200 fine if you use a hand-held phone when driving. 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 don’t 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

Motorists caught using their mobile twice or accruing 12 points on their licence will face magistrates’ court, being disqualified and fines of up to £1,000. New drivers, within 2 years of passing their test, risk having their licence revoked and lorry or bus drivers can be suspended if caught.

Am I entitled to have this dealt with by fixed penalty?
The fixed penalty is a conditional offer. If you have more than 8 points already on your licence or you do not hold a UK driving licence your offence will be dealt with at court.
How many points do I get on my licence if I accept a fixed penalty and how much is the fine?
Currently the offence carries 3 penalty points and the fixed fine is £100. A Magistrates Court has the discretion to impose between 3 and 6 points and a fine up to £1000.
Will I be offered an education course instead of points?
As of March 2017, driver awareness courses for mobile phone use are no longer offered (www.nopenaltypoints.co.uk)

How many points do I get on my licence if I accept a fixed penalty and how much is the fine?
A seatbelt offence currently carries a minimum penalty of £100 fixed penalty fine with no endorsable penalty points. If the case goes to court, this can increase to a maximum fine of £500.
Will I be offered an education course instead of a fine?
Drivers will be informed at the time of the offence, by the police officer, if a seatbelt education programme is available to them.
It was a passenger that committed the offence, is that my responsibility?
The driver of the vehicle is responsible for ensuring that suitable safety restraints are worn by all passengers under 14 years old. Passengers 14 years and over are responsible for wearing their own seat belt, if available.
Are there any exemptions to wearing vehicle safety restraints?
There is only one exemption that applies to children under the age of 3 years: A child under 3 years may travel unrestrained in the rear of a taxi if the correct restraint is not available. Three exceptions allow children over 3 years to travel in the rear (not the front) and use an adult belt: In a taxi, if the right child restraint is not available For a short distance in an unexpected necessity, if the right child restraint is not available Where two occupied child seats in the rear prevent the fitment of a third child seat For adult passengers (14 years or over) the following exemption apply to the wearing of seatbelts Hackney Carriage taxi drivers are exempt from wearing seat belts while on duty (whether they have a passenger or not). Private Hire taxi drivers are only exempt when carrying a fare paying passenger. They must wear a seat belt at all other times Delivery drivers such as milk float drivers used to have an exemption from wearing a seat belt when conducting local deliveries, although since a change to the law in March 2005, the seat belt exemption for delivery drivers now only applies when travelling 50 metres or less between deliveries or collections Emergency vehicle staff in certain circumstances People holding a Medical Exemption Certificate (a seat belt Medical Exemption Certificate is only issued by a doctor)
What if there were mitigating circumstances
You may put forward your own statement about mitigating circumstance for consideration. Ultimately, if you want to plead your case before Magistrates you can elect to, however, you should be aware that magistrates have the right to increase the fine and impose court costs.

Seatbelts

If you have been detected committing a seatbelt offence you may have questions about what happens next, how it will affect your licence, whether you have the chance of going on a course or what if you would rather go to court?

Speed

If you have been detected committing a speed offence you may have questions about what happens next, how it will affect your licence, whether you have the chance of going on a course or what if you would rather go to court?

If you’re still within 2 years of passing your driving test, your driving licence will be revoked (withdrawn) if you build up 6 or more penalty points.

If you plead guilty: You’ll have to pay a £100 fine and have 3 points added to your licence, unless you’re given the option to attend a speed awareness course. Your driving licence will have a code on it for 4 years. You may be given the option of attending a speed awareness course

You’ll have to go to court if you plead not guilty: You can be fined more and get more penalty points if the court decides you’re guilty of speeding. The amount you’re fined depends on what the speed limit was and how much over it you were driving. It’s usually a percentage of your weekly income, up to a maximum of £1,000 (£2,500 if you were driving on a motorway). You could also be disqualified from driving or have your licence suspended.

What speed was I doing?
Your speed as recorded on the evidential film is printed on your Notice of Intended Prosecution.
How many points do I get on my licence if I accept a fixed penalty and how much is the fine?
Currently the offence carries 3 penalty points and the fixed fine is £100. A Magistrates Court has the discretion to impose between 3 and 6 points and a fine up to £1000 (£2500 on motorways)
Am I entitled to have this dealt with by fixed penalty?
The fixed penalty is a conditional offer. If your offence was a serious one, you have more than 8 points already on your licence or you do not hold a UK driving licence your offence will be dealt with at court.
Will I be offered an education course instead of points?
Thames Valley does offer one of the largest education programmes in the country for drivers caught speeding. Drivers will only be offered a course if they have not previously attended one with a participating police force in the last three years and if they are caught at or just above the threshold set by ACPO.
What if I’m not the registered keeper of the vehicle?
If you have sold the vehicle you must notify the Fixed Penalty Support Unit immediately to help us identify the offender.
What do I do if I am an employer and one of my employees was the driver?
You are obliged by law to complete the form and identify the person who was driving the vehicle at the time. You need to have a system in place which will help you to do this.
What if there were mitigating circumstances
Once you have identified that you were the driver at the time of the offence, you may put forward your own statement about mitigating circumstance for consideration. Ultimately, if you want to plead your case before Magistrates you can elect to, however, you should be aware that magistrates have the right to increase the fine and penalty points, enforce a possible disqualification and impose court costs.
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