CJS Offence Code: RV86019
Offence Wording: On **(..SPECIFY DATE..) at **(..SPECIFY TOWNSHIP..) drove a motor vehicle, namely **(..SPECIFY VEHICLE MAKE AND INDEX NUMBER..), on a road, namely **(..SPECIFY ROAD AND LOCATION..), when you were using
(A)_[a hand-held mobile telephone]_
(B)_[a hand-held device, other than a two-way radio, which was capable of transmitting and receiving data, whether or not those capabilities were enabled, namely **(..SPECIFY THE TYPE OF DEVICE..)]_
Legislation: Contrary to regulation 110(1) of the Road Vehicles (Construction and Use) Regulations 1986, section 41D of the Road Traffic Act 1988 and Schedule 2 of the Road Traffic Offenders Act 1988.
Home Office Classification
This offence carries a fine of £200 and six penalty points.
For comprehensive information regarding this offence, please log in to PNLD.
Use of Mobile Phone Defined:
The new law amends the 1986 Regulations and will mean the offence is triggered whenever a driver holds and uses a device, regardless of why they are holding it.
The SI’s explanatory notes state the offence “will cover any device which is capable of interactive communication even if that functionality is not enabled at the time.” (PDF) This would include a device being in flight mode.
The meaning of ‘using’ a phone will be expanded to cover the following:
- illuminating the screen
- checking the time
- checking notifications
- unlocking the device
- making, receiving, or rejecting a telephone or internet based call
- sending, receiving or uploading oral or written content
- sending, receiving or uploading a photo or video
- utilising camera, video, or sound recording
- drafting any text
- accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages
- accessing an app
- accessing the internet
- Use of phone in genuine emergency to call 999 or 112
- Use of phone when stationary to make a contactless payments for goods to be received at the time of the transaction
MetPol Offence Code: 125
Statute: (C) R110 – Road Vehicles (Construction and Use) Regulations 1986
Notes: The offence and brief wording will be entered in full on the Traffic Offence Report.