KNOW YOUR RIGHTS
It was fantastic seeing everyone at the PHTM EXPO and we were glad we could help with some very interesting enquiries. Below are a few of the questions we were asked - not all relate to ongoing cases but are hypothetical questions from drivers trying to protect themselves. We absolutely support educating drivers to help them stay within the law and we are always more than happy to answer any hypothetical questions you may have.
If you need any advice on motoring matters, email
advice@pattersonlaw.co.uk or call us on 01626 359800 for free legal advice.
Q A
Can I use my mobile phone whilst I’m driving if it’s held in a cradle and I’m not actually holding it?
In theory, yes. It’s only an offence to use a handheld mobile telephone whilst driving, so if it’s not held in your hand, then no offence
is committed. However, if you are interacting with your phone whilst driving you could commit other offences, even if it is in a cradle.
If touching the screen causes a drop in the standard of your driving you could be accused of ‘not being in full control of your vehicle’, which carries 3 points, or even ‘driving without due care and attention’ which carries up to 9 points. If you’re watching a video whilst driving, there is a specific offence of watching videos, which carries up to a £1,000 fine.
Our advice is that if you do have to use your phone whilst driving, even if it’s in a cradle, always pull over safely, stop the car and then do what you need to do.
Q A
70
If I hit a parked car but the owner isn’t around, what should I do?
In this scenario most drivers will leave a note on the windscreen with their details and report the matter to the insurance company.
Occasionally, they will even call the non-emergency police telephone number (101) to report it.
However, legally that is not enough.
If you have a collision with a vehicle, pedestrian or road furniture, whether it is your fault or not, the duty on the driver is to stop and exchange details with any person in the vicinity who may require them.
If for any reason you cannot exchange details with another person, the duty is to report the matter to a police station or a police constable as soon as possible, and in all cases within 24 hours.
Telephoning 101 and reporting it over the phone, or going online to report it through the police website is not enough. You must report the collision in person to a police station or a police constable.
If you fail to do that, you could receive 5-10 points, fines, and even community orders/prison in serious cases.
Q A
I’ve seen that driverless taxis may be coming to London soon, what’s my legal position if I have a collision with one?
If the collision was your fault, then you could be prosecuted through the normal routes for driving without due care and attention. That
carries between 3 and 9 points.
One interesting point to note is that you wouldn’t be able to exchange details with the other driver (considering the car is driverless!) So in this scenario, legally, your duty is to report the matter to a police station or a police constable as soon as possible.
If the accident is not your fault, you would still need to report the matter to the police as that is still your legal duty, but of course there is no driver to prosecute on the other side.
You would then need to make a civil claim through the insurance companies for any damage caused to your vehicle.
JUNE 2025 PHTM
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