ALL THINGS LICENSING
LICENSED DRIVERS USING MOBILE PHONES WHEN DRIVING
Article by Mike Smith, Senior Specialist for Licensing and Community Safety at Guildford Borough Council and Vice-Chair of the Institute of Licensing South East Region.
Please note that this article represents my own views which are not presented as the views of the Institute of Licensing or Guildford BC.
In this month’s article I reflect on a number of recent incidences of licensed drivers receiving complaints and endorsements about driving using a mobile phone. In Guildford, for some reason we have had an increase in the number of drivers receiving endorse- ments on their DVLA licence for a CU80 offence, which is the ‘breach of requirements as to control of the vehicle, relating to a mobile telephone’.
The advance in mobile technology
It is clear that the last ten or so years have seen astounding advances in technology such as smart- phones offering mobile internet access across the world and a significant variety of opportunity which this increased connectivity creates. This technological shift and opportunity has been no less prevalent in the taxi and private hire industry creating a method of both customer and driver interaction far,
far
removed from the original model of booking office, phone lines and radio circuits created upon inception of the Local Government (Miscellaneous Provisions) Act 1976.
A private hire vehicle can now be booked as quickly as a hackney carriage hailed and dispatched almost seamlessly with the driver being connected to the customer and their journey via a mobile device at their fingertips. Drivers often rely on mobile phones for various purposes, such as navigating routes, communicating with passengers, managing bookings and taking payments.
While these tasks are essential for the job, the increase in use of technology also increases the potential risk. Using mobile phones while driving can lead to distracted driving, which is a major cause of road accidents. For licensed drivers there is the additional
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consideration of their hackney carriage or private hire driver licence and the convictions policy of their issuing authority.
The dangers of distracted driving
Distracted driving occurs when a driver’s attention is diverted from the road due to activities such as texting, calling, or using apps on a mobile phone. This can result in delayed reaction times, impaired judgment, and reduced situational awareness.
For licensed drivers, who spend long hours on the road, the risks are even higher due to increased use of mobile devices to navigate journeys and interact with customers. Potential tiredness is also a factor.
Studies have shown that drivers using mobile phones are four times more likely to be involved in a crash. For licensed drivers, this risk is compounded by the need to navigate busy city streets at all times of day and night, and interact with passengers.
The consequences of distracted driving can be severe, leading to injuries, fatalities and property damage.
The law
It is an offence (except in emergency) to hold and use while driving a phone, sat nav, tablet, or any device that can send or receive data. Use includes, for example, making or receiving calls, sending or reading texts, taking or accessing photos or videos, web browsing, accessing music, checking the time, checking notifications and even just illuminating the screen. The law still applies if you’re stopped at traffic lights or queuing in traffic, including motorway jams, or supervising a learner driver.
In short, it is an offence to use a device in your hand for any reason, even if it is offline or in flight mode.
Hands free use is not caught by the mobile phones legislation. You can use a device with hands-free access, as long as you don’t hold it at any time during usage. However, use of such a device may arguably in some cases be evidence of not being in proper control of the vehicle and/or careless or even dangerous driving.
APRIL 2025 PHTM
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