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Mobile phone law for drivers could be torn up after High Court ruling
Matt Allan 05/08/2019
https://www.msn.com/en-gb/cars/news/mob ... spartanntp
The law on using a mobile phone while driving may have to be ripped up and rewritten following a landmark High Court decision.
The Court agreed with lawyers for a driver found guilty of using his phone to film an accident scene, who argued that the wording of the law meant he had been wrongly convicted.
The decision could have massive implications for thousands of drivers found guilty of using their phone for everything from taking photos to choosing music, who could see their convictions overturned.
The standard penalty for using a handheld phone while driving is six points and a £200 fine.
Filming an accident
The ruling centred on the case of builder Ramsey Barreto, who was convicted of driving while using a handheld phone after police spotted him filming while driving past the scene of a serious accident in Ruislip, north London.
His conviction was later overturned at Isleworth Crown Court before the Director Of Public Prosecutions challenged the decision in the High Court.
Now the High Court has agreed with Barreto’s lawyers that the act of filming didn’t count as “using” his phone under the wording of the law.
They argued that under the current law, an offence is only committed when a driver is using their phone for “interactive communication” such as calling or texting, and Barreto’s filming with the phone’s camera did not count.
The Crown Prosecution Service argued that the law prohibits any use of a handheld mobile phone but in her judgement Lady Justice Thirwall dismissed this and agreed with Barreto’s lawyers.
Outdated legislation
In her judgement, she said: “The legislation does not prohibit all use of a mobile phone held while driving. It prohibits driving while using a mobile phone or other device for calls and other interactive communication (and holding it at some stage during that process).... It follows that the activity of the respondent did not come within Regulation 110 and the Crown Court was right to quash the conviction.”
Barreto’s solicitor, Emma Patterson, said: “We are absolutely delighted with the outcome of this case.
“We have been arguing for many years that the legislation in relation to the offence of using a handheld mobile phone whilst driving a motor vehicle has failed to keep pace with the evolution of smartphones.
Read more: Thousands of British drivers are being pursued by foreign police forces over unpaid speeding fines (The Telegraph)
“The increasing multi-functionality of smartphones was, in fact, making a mockery of the law.
“We ended up with a situation where you could hold a Casio calculator performing mathematical calculations whilst driving and you would not be committing a mobile phone offence, whereas doing exactly the same thing on the calculator app on a smartphone, according to the way the Police or Crown Prosecution Service were applying the law, meant you would automatically be committing an offence warranting six points and a hefty fine.
“This is not a loophole argument. This is simply the correct application and understanding of the law as it currently stands.”
Lady Justice Thirwall warned that her ruling did not mean people could legally film and use other non-communications functions.
She said: “It should not be thought that this is a green light for people to make films as they drive.
“Driving while filming events or taking photographs whether with a separate camera or with the camera on a phone, may be cogent evidence of careless driving, and possibly of dangerous driving.
“It is criminal conduct which may be prosecuted and on conviction may result in the imposition of penalties significantly more serious than those which flow from breach of the regulations. The same applies to any other use of the phone while driving.”
Grey area
Francis Noakes, of the Get Licensed Driving School, urged lawmakers to revisit the legislation as a ‘matter of urgency’.
He said: “What this test case shows is that, as it stands, prosecutions are far from straightforward and an offence is difficult to prove.
“The law is designed to prohibit active involvement in communication whilst driving.
“If you use an app that allows you to communicate with other people, you’re committing an offence.
“But there’s now a massive grey area. Is checking the weather on an app an offence? Can you make voice memos in your phone with impunity?
“When it comes to road safety, we simply can’t allow for any uncertainty to exist. I’d urge lawmakers to revisit and tighten the legislation as a matter of urgency.”
Matt Allan 05/08/2019
https://www.msn.com/en-gb/cars/news/mob ... spartanntp
The law on using a mobile phone while driving may have to be ripped up and rewritten following a landmark High Court decision.
The Court agreed with lawyers for a driver found guilty of using his phone to film an accident scene, who argued that the wording of the law meant he had been wrongly convicted.
The decision could have massive implications for thousands of drivers found guilty of using their phone for everything from taking photos to choosing music, who could see their convictions overturned.
The standard penalty for using a handheld phone while driving is six points and a £200 fine.
Filming an accident
The ruling centred on the case of builder Ramsey Barreto, who was convicted of driving while using a handheld phone after police spotted him filming while driving past the scene of a serious accident in Ruislip, north London.
His conviction was later overturned at Isleworth Crown Court before the Director Of Public Prosecutions challenged the decision in the High Court.
Now the High Court has agreed with Barreto’s lawyers that the act of filming didn’t count as “using” his phone under the wording of the law.
They argued that under the current law, an offence is only committed when a driver is using their phone for “interactive communication” such as calling or texting, and Barreto’s filming with the phone’s camera did not count.
The Crown Prosecution Service argued that the law prohibits any use of a handheld mobile phone but in her judgement Lady Justice Thirwall dismissed this and agreed with Barreto’s lawyers.
Outdated legislation
In her judgement, she said: “The legislation does not prohibit all use of a mobile phone held while driving. It prohibits driving while using a mobile phone or other device for calls and other interactive communication (and holding it at some stage during that process).... It follows that the activity of the respondent did not come within Regulation 110 and the Crown Court was right to quash the conviction.”
Barreto’s solicitor, Emma Patterson, said: “We are absolutely delighted with the outcome of this case.
“We have been arguing for many years that the legislation in relation to the offence of using a handheld mobile phone whilst driving a motor vehicle has failed to keep pace with the evolution of smartphones.
Read more: Thousands of British drivers are being pursued by foreign police forces over unpaid speeding fines (The Telegraph)
“The increasing multi-functionality of smartphones was, in fact, making a mockery of the law.
“We ended up with a situation where you could hold a Casio calculator performing mathematical calculations whilst driving and you would not be committing a mobile phone offence, whereas doing exactly the same thing on the calculator app on a smartphone, according to the way the Police or Crown Prosecution Service were applying the law, meant you would automatically be committing an offence warranting six points and a hefty fine.
“This is not a loophole argument. This is simply the correct application and understanding of the law as it currently stands.”
Lady Justice Thirwall warned that her ruling did not mean people could legally film and use other non-communications functions.
She said: “It should not be thought that this is a green light for people to make films as they drive.
“Driving while filming events or taking photographs whether with a separate camera or with the camera on a phone, may be cogent evidence of careless driving, and possibly of dangerous driving.
“It is criminal conduct which may be prosecuted and on conviction may result in the imposition of penalties significantly more serious than those which flow from breach of the regulations. The same applies to any other use of the phone while driving.”
Grey area
Francis Noakes, of the Get Licensed Driving School, urged lawmakers to revisit the legislation as a ‘matter of urgency’.
He said: “What this test case shows is that, as it stands, prosecutions are far from straightforward and an offence is difficult to prove.
“The law is designed to prohibit active involvement in communication whilst driving.
“If you use an app that allows you to communicate with other people, you’re committing an offence.
“But there’s now a massive grey area. Is checking the weather on an app an offence? Can you make voice memos in your phone with impunity?
“When it comes to road safety, we simply can’t allow for any uncertainty to exist. I’d urge lawmakers to revisit and tighten the legislation as a matter of urgency.”
