ALL THINGS LICENSING
The law is written in this way that those caught watching pictures on a device may try and claim they were not watching it, much as in this recent case. However, moving pictures/videos running in a driver’s eyeline is, without doubt, a distraction.
If you are convicted of using a mobile phone whilst driving, you will be found guilty of a CU80 offence, which is the ‘breach of requirements as to control of the vehicle, relating to a mobile telephone.’ This results in a fine of £200 and six penalty points on your driving licence. This has increased from three penalty points for offences committed before 1st March 2017. Points remain on a licence for four years.
Additionally, depending on the circumstances you could also be charged with careless or dangerous driving as well, which can carry heavier penalties.
What else isn’t allowed?
Mobile phones are also able to provide us with entertainment, such as by streaming videos and audio. In Guildford, a licence holder was recently called before a Licensing Sub-Committee hearing for watching a video on their mobile phone whilst driving.
The driver was on a school run and their passengers took a photo of the incident which was then forwarded on to the council.
The driver claimed he wasn’t watching the video, only listening to the audio. The law states, under s.109 Road Vehicles (Construction and Use) Regulations 1986, that simply having a television (or similar) in sight and running in a vehicle is an offence:
109.—(1) No person shall drive, or cause or permit to be driven, a motor vehicle on a road, if the driver is in such a position as to be able to see, whether directly or by reflection, a television receiving apparatus or other cinematographic apparatus used to display anything other than information—
(a) about the state of the vehicle or its equipment;
(b) about the location of the vehicle and the road on which it is located;
(c) to assist the driver to see the road adjacent to the vehicle; or
(d) to assist the driver to reach his destination. PHTM APRIL 2025
To suggest otherwise would be dishonest. The evidence showed that the driver had broken the law regarding use of a televisual device whilst driving. The offence has clearly been committed for long enough for the passenger to be able to take a picture of the event, even if the driver claimed this was only for a short period. In addition, the offence also took place during a school contract journey where children were being transported, raising serious concerns about the licence holder’s judgement.
The driver was also listening to the recording via headphones. Whilst it is not strictly against the law to drive wearing headphones, if headphones are considered to be causing the driver to be distracted or not aware of their surroundings to be driving with care and attention, then this could be an offence.
What happens if you are convicted?
If you receive a conviction, you will need to inform your insurance company. This is likely to increase premiums. It is also very likely you will need to inform your licensing authority. Most licensing authorities have conditions requiring drivers to report matters such as DVLA endorsements within a defined time period. The Statutory Taxi and Private Hire Standards suggest a reporting period of within 48 hours.
Unfortunately, for those the subject of such a conviction, the Standards also provide a template policy on convictions relating to driving using a mobile phone and state:
10.11 Using a hand-held device whilst driving Where an applicant has a conviction for using a held‐hand mobile telephone or a hand‐held device whilst driving, a licence will not be granted until at least 5 years have elapsed since the conviction or completion of any sentence or driving ban imposed, whichever is the later.
This means that any new applicant should expect to wait 5 years from being convicted of driving using a mobile phone until a licence is granted. Also any current licence holder should expect to have their licence revoked and would be eligible to be licensed again 5 years later.
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