By Andy McCue, 9 March 2005 12:45
NEWS Fewer than 200 people have been prosecuted in the last 12 months under the new law banning the use of mobile phones while driving.
The ban on driving and using mobile phones was introduced in December 2003 and the latest figures from the Office of the Attorney General include all 197 cases nationwide that have been handled by the Crown Prosecution Service since February last year.
That number is also not broken down into which cases resulted in successful prosecutions and those that ended in acquittal. However, the total also does not include the fixed penalty on-the-spot fines handed out by police as those statistics are not yet available.
The current fine is £30 and three penalty points but the government is set to double that to £60. Those who contest the fine and go to court face a £1,000 fine if found guilty.
But road safety groups have slammed the low figures and urged the government to do more to enforce the ban.
A spokeswoman for road safety charity Brake told silicon.com that people will continue to flout the ban if there is seen to be no deterrent.
"There is an issue of enforcement and we do need to treat it as a serious offence. It has been compared to drink-driving in terms of driver distraction and we would like to see a much higher fine when you consider people who smoke on buses can be fined £1,000," she said.
Comments
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1. anonymous
I agree that this should be inforced more but do not believe that it should be compaired to smoking on a bus. That is a totally different problem and in most cases just as bad, if not worse as driving while holding the phone to your ear.
2. Reginald
I think its disgusting that people are getting away driving with their phones attached to their heads! I've seen loads of people still using their phones and even coppers! Nearly had people crash in to me whilst they are on the phone. It right pees me off!!! Wonder what it will take to stop people from using their phones whilst driving? Running someone over? Serious accident because they were not paying attention? Dont know if a huge fine like £1,000 would stop people?
3. Dongo Drongo
I think its unworkable and should be scrapped.
The police always had powers to charge anyone with driving without due care and attention or even dangerous driving.
If someone ploughed into and killed a schoolchild while they were on the phone, I doubt they would be charged with using a phone on the move because the overriding charge would (probably) be manslaugter.
4. anonymous
It is outrageous that you expect our hard worked police to actually stop people who use their mobiles.
This would mean leaving the police station, when would they get a chance for tea and lunch and a rest?
Surely someone could invent a camera to photograph all moving vehicles to check for all offences - including the non payment of council tax?
Or a GPS on every mobile and if it moves above 1 mile per hour, an automatic fine?
5. Simon
There is an intersting bit in the article which people seem to have missed - that the number does NOT include fixed penalty notices.
I suspect that VERY few people would opt to go to court instead of paying the notice for one simple reason : If you go to court you face a much bigger penalty.
Personally I think this bit of the system stinks - it effectively makes 'justice' only available to those with deep wallets. To most people, the risks are such that even if they think they are being wrongs, they simply cannot take the chance of not being able to persuade the magistrate.
Look at the odds :
1) Cough up the 60 quid.
2) Go to court, and persuade the magistrate that your word is more reliable than the police officers - and have no punishment.
3) Go to court, but fail to persuade the magistrate that your word is better than the police officers - face 1000 quid fine.
So I suspect that even if someone is innocent (and there are legal activities that could be confused with using a mobile), the majority are simply not going to take the risk of trying to clear their name - I don't think I would (and I DON'T use a mobile while driving).
So we effectively have a legal system where you are guilty unless you really have a good case or a deep wallet.
6. Derek Cullen
I'm sure with modern technology it should be possible to have mobile signals blocked unless phone is in a hands free holder.
7. anonymous
I get sick and tired of seeing IDIOTS trying to drive and talk on mobiles (wot no handsfree?), let alone try to avoid being injured by them talking trying to negotiate junctions, roundabouts, etc.
If they're breaking the law, the police should be doing something about it, and they obviously are not.
The police should recruit civilians and equip unmarked cars with rear and front facing cameras and have them drive around recording drivers using their mobiles. Publish the pictures in the local paper and fine 'em.
8. anonymous
I am so glad that finally SOMEONE is highlighting the fact that police are failing to enforce the 'mobile phone whilst driving' ban. I am sure I am not alone in the number of drivers who have been hit by or had near misses with drivers using their phones - in full sight of police patrols! The police need to start doing their jobs - laws are mandatory, not preferable! And whilst we're at it, can someone suggest how to tackle women applying make-up whilst driving at full speed during morning rush-hour traffic around Vauxhall Cross? Amongst others, the black Mini Cooper driver who's a morning regular knows who I'm talking about!
9. anonymous
Ban them from driving, put their premiums up - and if they say they can't afford not to drive, ask 'em why they didn't pay £80 for a bluetooth headset when they could afford a car, petrol and insurance.
The majority of incidents I've narrowly avoided on the road have been due to drivers with one hand on their phones - they look but they don't see, their concentration goes and they make risky manouevres.
Better still, take 'em down the A&E to see what the results are...
10. Malcolm Ripley
Driving without due care and attention is very subjective and will thus not necessarily result in prosecution whereas using a phone whilst driving is not subjective. The only reason that I have not been involved in many accidents is that I was fully aware with two hands on the wheel whilst the mobile user was oblivious to the mayhem they cause.
11. Michael Brady
The vast majority are dealt with by fixed penalty so these figures do not give a true picture. The fine is £30 but at present there are NO points given, although this is due to change later in 2005
12. Lynda
To Derek Cullen. As a passenger, I would be extemely annoyed if my mobile signal were to be blocked, after all, in London, thousands of people use their mobiles in the back of a taxi.
13. anonymous
Funnily enough I saw a police officer using their mobile without a handsfree on the motorway yesterday, also the police use walkie talkies whilst driving maybe it's a case of pot kettle.
14. anonymous
This is just silly, there’s a lot better things the police could be spending there time on.
Many people are capable of driving whilst using a mobile yet many aren't capable of even having a conversation with a passenger or listening to the radio.
In my 10 years of driving most of the near misses I've had were caused by women driving corsa's or punto's or similar not paying attention, the rest were caused by men trying to stop anyone from getting somewhere before them. I don't recall mobile usage or slight speeding being a factor in any of them.
The government needs to stop the mobile phone and speeding propaganda (and persecuting the motorist in general) and start making sure people who aren’t fit to be let loose on the roads are banned.
Anyone else also notice how much worse the standard of driving is getting ?
15. Mike Perry
A fine based on GPS-detected motion? Don't be stupid - average walking pace is 3-4mph, and what about trains, buses, passengers in cars?
16. Colin
I bet the anonymous IT manager who thinks the mobile phone discussion is silly drives a 4X4, parks in disabled spaces, is overweight and thinks he's the only driver good enough to speed, with one hand (or less) on the wheel. I came across his type recently, not only chatting on the mobile, but eating an apple at the same time, apparently using his knee to steer!
The police should hammer these loonies.
17. Beep Beeper
If you see someone distracted on a mobile, as they narrowly avoid hitting you while trying to steer with one hand, honk loudly and watch them drop their phone and snatch back to reality. It's really very satisfying.
Also, it alerts the person on the other end of the phone to the fact that their friend is driving without due care and attention and could easily cause an accident.
18. Rob
I agree with the Anon IT Manager above, don't worry toomuch about people driving cars using phones when you should be worrying about those people driving at all.
Driving standards are getting worse, Ithink the driving test needs to be harder and we should have to go through re-tests every period. How many OAP's on the road still haven't had any formal training on how to drive cause they got a freebie in the war.
If you want to ban people usingmobiles fair enough it might help cut down accidents as long as the scheme is pro-active, we could also do with the same ban on Mum's and their 4x4's they give people like me a bad name who actually have a legitimate use for a 4x4 in the fact that I actually get it dirty on raods that aren't always made of concrete and sometimes just aren't made at all.
Most primary schools have roads next to them or near them don't they.
19. anonymous
RE Colins coments
Actually I drive a british classic. I've never parked in a dissabled space, it's a pet hate of mine, my farthers dissabled. I'm far from over weight at 11 stone 3. I think I'm a good enough driver to be allowed on the roads but don't claim to be anything more than that. As for my type, you haven't got one point correct yet !
I agree the police should hammer the loonies but I'm not one of them.
I bet you drive a corsa :-)
20. anonymous
am I the only one that heard Radio 4's File on Four the other week that covered the use of Sealed Mastic Asphalt on trunk roads, where it's use is limited to 30MPH roads due to lack of grip?
The programme gave an example where a baby and wife of a policeman died in separate accidents on the same welsh bend covered by this less than grippy surface.
Surely local authorities and the Governemnt are equally as responsible for road safety?
21. anonymous
As a 30k a year driver I feel that the only item that motorists are likly to get caught for are speeding as we have cameras dedicated to speeding, what about the people that lane hop at 70/80 miles an hour on the motorway, or HGV's that push you out when pulling into the middle lane so that they can take 5 miles to overtake the lorry inside them. I do not claim to be the best driver around but I have not had an accident in 15 years. I agree with previous correspondents that the standard of driving is getting very bad. I do use mobile's whilst on the road but have fully fitted units in my car and have done for the last 10 years.
22. anonymous
Yes, I too heard the item.
If the material has been approved by the Highways Agency, then the Local Authority cannot be held to blame..... Still what a super way of bringing back some speeds which match the quality of our roads. East Sussex probably hasn't a single piece of tarmac that deserves the sobriquette of road, as generally they are only old farm tracks with a dash of metalling. Compared to the rest of the UK the worst roads are in this county. I would be delighted if they were all covered with this new surfacing!
23. anonymous
I find that there seem to be three types of phone-using drivers; white van man including his cousin "The Trucker"; Youff, being the young who know that they are immortal; and The Rep. While I hesitate to upset the first of the group, as they tend to be bigger than me, I have no compunction in raising the awareness of the other two classes. How? I find holding up a Warrant Card or Police Badge really does make them drop the phone. Unfortunately the "Warrant Card" is only a Tesco Card, and the "Police Badge" is an old military uniform regimental badge. It helps having the 'right' type of car in the 'right' colour, but try it yourself. Perhaps peer pressure will swing it.
24. martyn
It is an ABSOLUTE DISGRACE!!!
Why, whilst our police are being FORCED to monitor this APPALLING BEHAVIOUR they are not free to do something WORTHWHILE like spend the day walking around with a litter attendant.
25. dean stone
Hmm I think the best option is put a standard inplace that all british cars should scramblers so that mobiles cannot be used whilst in a car or while the car is running.
problem solved and less hassle for police.
Older cars could have them introduced when they go an MOT. A fine can be given if they have been tampered with or removed during their last MOT.
26. Shum
Those bent on driving while talking and holding the phone are a health hazard to others on the road. In this case they should be fined , banned and prosecuted not only under the new rules but also under the "dangerous driving" rules. This will be deterent enough.