Government wants YOUR views on use of mobile phones while driving

In Scotland the Traffic Commissioner, in the absence of a formal arrangement under PPVA 1981 and GV(LO)A 1995 has a memorandum of understanding with Police Scotland (conveniently covering the same geographic area). Every vocational (C,D,E) licence holder stopped for a miobile device offence is reported back to TAO and may be invited in for an interview to consider the option of a 6 month revocation of their vocational entitlement. If the operator is found to be complicit in communicating with their drivers, at the wheel in this way, the Commissioner may consider sanctions against the O Licence - reduction of vehicles, or total suspension depending on the level of arm delivered by the offending.  Other Commissioners may have similar arrangements, and I believe that most Police Forces automatically advise DVSA after the second offence by a vocational licence holder.

Given that most android/iphones now offer accurate location, and potentially recording of journeys (Strava etc) an offender might be required to maintain their mobile device with an active location facility, to enable it to be cecked on any future occasion when use of a mobile device has been suspected or reported. 

Worth remembering that the use of mobile phones (and their earlier equivalents) has been illegal for bus drivers for around 80 years, under the Conduct of Bus Drivers, Conductors... &c Regulations - latest revision 2015 - replaced 1995 version.

A good practice for making a mobile phone call, is that used widely in the rail industry. The opening remark from the caller "Are you in a safe place to take/continue with this call"

I hope everyone who has expressed an opinion on here has also taken the time to fill out the survey (and used the comments sections to make the points about enforcement etc). 

Why not have the golden 4 rule in the same way they have it in German for driving through a red light.  4 Points, €400, 4 week driving ban.  No discretion, no get out of jail free driving course, just straight up delivery of a sentence.  And yes the enforcement officers need to have the backing of the law and not the other way around. 

Commit the crime, do the time.  Simple as. 

Why do the police think they are less dangerous using mobiles 

Using a mobile phone whilst driving is a concious action which put other road users at risk on a level with drinking and drugs .  However I would not get too exited about this survey -

https://www.gov.uk/government/uploads/system/uploads/attachment_data/fil...

On page 10

Preferred approach
2.10
The preferred option is to implement the penalty level increase as set out in Option 3
of a £150 FPN, 4 penalty points for non-HGV drivers and 6 penalty points for Large
Goods Vehicle (HGV) drivers.

Interesting that the penalty for driving without insurance is -

Penalties for uninsured drivers:

The police could give you a fixed penalty of £300 and 6 penalty points if you’re caught driving a vehicle you’re not insured to drive.

If the case goes to court you could get:

an unlimited fine
disqualified from driving

The police also have the power to seize, and in some cases, destroy the vehicle that’s being driven uninsured.

The laws, sentencing  and policing are beyond hope.

The law is not enforced on a scale that creates a deterrent to motorists. They are more certainly to be given a parking ticket, than be caught using a hand held data device whilst the engine is running.

I commute 150km a week from nw London to London Docklands. Every day I see 100's of drivers distracted by their devices.

Today I watched a man driving his bmw down commercial road whilst holding his smartphone against his steering wheel, watching a video as he drove along. I was riding in the bus lane alongside him doing 45 km/h and could clearly see his actions. He had to break heavily after suddenly realising the traffic lights were red causing the cars in front to have stopped.

I see this type of behaviour every day on my commute whether private cars, private hire vehicles, hackney taxis (yesterday saw a black cab outside king's cross driving holding 10" tablet), HGV and 20 tonne tippers on phone going through busy junctions as well as ambulances and even police.

Whether driving at speed or queuing in traffic, drivers cannot resist tapping on their phones or holding to head whilst making calls. Some try to hide phone by holding against door but from the elevated view of a bicycle you can see into the cabin and its so obvious, especially at night when the glow of the screen illuminates their face.

No one gives a damn, let's not pretend any change to law will matter it's not enforced, just hollow promise for newsletter headlines. Until there is a major shift in public opinion like drink driving or seatbelt use, it won't change as its not a minority, at least in London over 50% of drivers in a single queue will be using devices as I slowly overtake and observe them.

Given consequences are similar to drink-driving, make the penalty the same - fine, 12-month ban.

And insurance companies need to apply the same rules to renewal premiums as they do for drunk drivers.

Perhaps police should adopt the same approach as they do with cyclists without lights - driver has to prove they've adapted their vehicle for hands-free in order to avoid the fine.

Bring back the 'ducking stool' !

Extend it to 'hands free'. I've almost been wiped out a few times by people using hands free sets, tuned to the fucking moon .

As many others are saying enforce the law and also allow film footage (wether from cctv or dashcams/helmet cams) to be used. if people started to be prosecuted for this offence less people would be inclined to take the risk.

The problem is manufacturers are encouraging "phone" (mobile device) by adding interactive systems that distract the driver.

We need clear regulation thats suits the modern enviroment then enforce it as required. 

Just enforce the current rules*. There is no deterrent when getting caught is still considered to be extremely bad luck.

At £100 a pop there has to be a profit enough to make this worth the time and effort.

*Phones should also be confiscated and returned once the fine has been paid, with a suitable storage and admin charge to cover costs.

It would be quite easy to have phones disable whilst driving . Speed and location sensors. Vw did it in reverse!

Completed survey

yep just enforce the thing. i see a car doing shit, zig zag or else, look through the window and 9 times out 10 mobile phone.

worse, the ones nearly hitting me dont notice at all. they dont see me when they drive into me, when i catch up to them and look at them or anything else. they go home and though they drive fine and that nothing happened.

the punishment doesn't even need to be harsh. some money and a drive ban of a few days is a good lesson. right now its ignored.

Proper enforcement, and destroy  phone and car. Better yet, require all vehicles to be fitted with technology to block signals whenever the engine is on.

In addition to the fine and points an instant 7 day driving ban would be good.

12 month driving ban and £1000 fine.

The current fine and points are far too lenient and do not deter drivers at all. I've lost count of the times I see people texting whilst sat in traffic.

There is absolutely no point in increasing FPNs or points on the licence if the police are not going to enforce it when people flaut the law.

A few weeks back, I was cycling along Horseferry Lane, turned into Marsham Street (near Lambeth Bridge in London) and pulled up behind a car where a police officer was talking to a motorist. As there was a demonstration occurring and Millbank, Parliament Square were closed off, I presumed the driver was asking the officer how to navigate around it.

I managed to catch the last of it: the officer said "Do you want me to give you a FPN and points, or do you want to take my advice? You drove through a red light while on your mobile and almost hit other vehicles. So whats it going to be?"

Not only had they almost caused a crash, but then had the gall to argue with the copper about it, and he was so lenient he kept warning them to take the advice.

If they are going to increase the fines and points, then there has to be an absolute zero tolerance when it comes to enforcing it. Also, remove this bullshit "hardship" plea in courts for drivers who will lose their licence. If not having a driving licence is going to cause you hardship then dont drive like a cunt and risk losing it.

How about simply enforcing the current laws?