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Government urged to close ‘mobile phone while driving’ loophole
Road safety organisations are calling on the government to update the laws about driving while using a mobile phone, after a motorist had his conviction overturned.
The High Court overturned the conviction because the motorist – Ramsey Barreto, a 51-year-old builder from west London – was using his phone to film a collision, rather than to make a call or use the internet.
Neil Worth, a Road Safety Officer for GEM Motoring Assist, commented: “Although the penalties have increased, the specific wording of the law has not changed for 16 years.We are urging the government to update the legislation.This will ensure it is fit for purpose, and will avoid further compromise to road safety.”
The current law states that an offence is only committed if a handheld mobile phone is used for ‘interactive communication’.However, this law dates back to 2003, before the smart phone became so widespread.
“The legislation does not prohibit all use of a mobile phone held while driving,” Lady Justice Thirlwall said.However, she also acknowledged that drivers who used a mobile phone behind the wheel, for any purpose, could still be prosecuted for more serious offences such as careless or dangerous driving.
Commenting on several news reports which claimed that motorists could have their convictions overturned because of this ruling, Andrew Perry, a solicitor for Road Safety Support, said: “Contrary to what is claimed,there is no automatic right to reverse any conviction, be it by guilty plea or after trial, when the High Court gives its interpretation of the law.
“The law was taken to be as people assumed it was or were advised that it was, at the point of conviction.Those who paid a fixed penalty to avoid court have no recourse. Those who pleaded guilty waived their opportunity to contest the case based on exactly what use they were making of the phone.”
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Marshall Motor Group Limited is a credit-broker not a lender.
Marshall Motor Group Limited is authorised and regulated by the Financial Conduct Authority. Our Firm Reference Number is 310503. Details of our permissions and trading names can be checked via the FCA register https://www.fca.org.uk/
All of the following companies are individually authorised and regulated by the Financial Conduct Authority with a Limited Permission for credit broking. Each company is a credit broker not a lender: Astle Limited; Crystal Motor Group Limited; Marshall North West Limited; Marshall of Ipswich Limited; Marshall of Peterborough Limited; Marshall of Scunthorpe Limited; Marshall of Stevenage Limited; and Silver Street Automotive Limited. All of the following companies are Appointed Representatives of Marshall Motor Group Limited for credit broking: Pentagon Limited; Ridgeway Bavarian Limited; Ridgeway Garages (Newbury) Limited; S G Smith (Motors) Crown Point Limited; S G Smith (Motors) Sydenham Limited; and S G Smith (Motors) Beckenham Limited.
We may receive a commission or other financial benefit from our lenders for arranging finance for you. For further information on our commission arrangements please see our Finance Commission Disclosure Statement
Marshall Motor Group Limited is authorised and regulated by the Financial Conduct Authority to conduct insurance distribution as an ancillary insurance intermediary. All of the following companies are Appointed Representatives of Marshall Motor Group Limited for the purposes of insurance distribution: Astle Limited; Crystal Motor Group Limited; Marshall North West Limited; Marshall of Ipswich Limited; Marshall of Peterborough Limited; Marshall of Scunthorpe Limited; Marshall of Stevenage Limited; Pentagon Limited; Ridgeway Bavarian Limited; Ridgeway Garages (Newbury) Limited; S G Smith (Motors) Crown Point Limited; S G Smith (Motors) Sydenham Limited; S G Smith (Motors) Beckenham Limited; and Silver Street Automotive Limited.
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We have a number of limited companies within the group who are Appointed Representatives of ITC Compliance Limited. They are: Motorline Limited (01848722); Motorline (Kent) Limited (04899072); Motorline (Broad Oak) Limited (10270930); Motorline (Canterbury) Limited (08237424); and Driveline Limited (04626624). ITC Compliance is authorised and regulated by the Financial Conduct Authority (Firm Registration Number 313486). Their permitted activities include advising on general insurance contracts and acting as a credit broker not a lender.
ITC Compliance and/or the above Appointed Representatives do not charge fees for their consumer credit services. A payment or other financial benefit (the “payment”) may be made by the lender to us should you decide to enter into an agreement with them. The payment made by the lender to us does not impact the finance rate offered to you. All finance applications are subject to status, terms and conditions apply. You must be a UK resident and over 18.
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