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Drivers risk two years in jail for using their mobile phones

Last updated at 07:52am on 07.09.07

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Motorists who use a hand-held mobile phone or fiddle with a satellite-navigation system while driving could be jailed for up to two years.

Prosecutors have said they could be charged with dangerous driving in a dramatically tougher approach to such offences.

Those caught fiddling with an MP3 music player or texting on a mobile at the wheel could also face the charge.

using mobile while driving

Prosecutions will be brought whenever it is judged that using the equipment posed a danger, such as forcing a car to swerve or causing a distracted motorist to jump a red light.

Those who kill while using a mobile phone will face 14 years behind bars under the charge of causing death by dangerous driving.

Director of Public Prosecutions Ken Macdonald said: "There is widespread public concern about the use of mobile phones and other hand-held electronic equipment while driving.

"We accept that in cases where there is clear evidence that danger has been caused by their use - such as texting while driving - then our policy should spell out that the starting point for charging will be dangerous driving."

Victim: Trinity Taylor died when a lorry driver hit her car on the M3 as he was using his phone. He was jailed for four years

Motoring groups said the move was a "dramatic" heightening of the seriousness of the offence.

The current offence of careless driving, which applies to those who drive unsafely by using a mobile or equipment such as a satellite-navigation system, carries only a £2,500 fine or community order.

More commonly, drivers are punished for the simple offence of using a mobile while driving which, since February, carries a fine of £60 and three penalty points.

The changes follow a Crown Prosecution Service review of the penalties for "bad driving", which also suggests a charge of manslaughter could be brought in some cases against drivers who kill.

Supporters say that despite fines and penalty points for using a mobile, many drivers still flout the law, sometimes with fatal consequences.

Trinity Taylor, 23, from Aldershot, Hampshire, died in 2005 after lorry driver John Payne ran into her car on the M3 in Basingstoke while using his mobile.

Payne, 31, of Chesham, Buckinghamshire, was jailed for four years.

But Edmund King, of the RAC Foundation, said existing punishments should be properly enforced.

He said: "The message to motorists is clearly that, if you are using a hand-held mobile or satnav, beware because the law is going to clamp down on you."

He added: "If it really is interpreted that using a handheld mobile phone is dangerous driving, that is a dramatic change to what is currently happening.

"Despite the threat of three penalty points, which could be a threat to a person's livelihood, we all see thousands of motorists driving dangerously using mobile phones.

"It is not just about sentencing, it is about enforcement. We ought to look at what is alreadly in law first."

Paul Smith, of campaign group Safe Speed, said careless driving - the current charge - is not an offence that most drivers commit deliberately.

Shifting it to a new category of dangerous driving will therefore have no deterrent effect, he claimed.

Mr Smith said extreme care should be taken when deciding to prosecute a driver.

"You cannot say because someone had a mobile phone they were driving dangerously. There must be evidence they were actually posing a danger to other people."

Under the changes, motorists who cause death on the roads face a maximum penalty of life imprisonment. Current guidelines say manslaughter is "very rarely appropriate" in road death cases.

But, under reforms being introduced on September 24 this year, a driver who has killed on the roads could be charged with manslaughter as well as causing death by dangerous driving, leaving a jury open to return the lower charge if they find manslaughter has not been proved.

Full guidance due later this year will contain more details of which offences are to be prosecuted more harshly.


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I've had a mobile since 1995, used to drive all over the UK mainland and NI and used it while driving without incident. Since the law changed I stopped using it while driving. I see so many professional drivers still using theirs, HGV even. Today I saw a Postman drive into Tesco's on his phone, I even pulled up in front of him and looked at him and sounded my horn..he didn't react at all such was his distraction..shame on him.

I will be reporting this to Royal Mail, the Police deal with these situations when they see them of course, little point in all of us bombarding them sightings etc.

The law is strong enough to deal with the offence and being "let off" with 3 points and a fine of £60 should be seen as fortunate if you are caught using a phone but still driving in a safe manner. Any driving which is unsafe should be treated more harshly.

On a lighter note if you can drive while my Mother is in the car talking (never stops bless her) and not be distracted from time to time nothing else on earth can distract you lol!

Never drive when your so tired your eyes start to close...obvious? No because when you are that tired it's too late.

- Jon, Hemel Hempstead UK

When I'm out driving I am constantly seeing drivers holding a mobile to their ear. The current penalty for using a mobile whilst driving is not enough. It should be a heavy fine of at least £500 and a 6 month driving ban even if it means losing your job. It wont stop till the law gets tougher with these people who cant live without a mobile. You are not in full driving control with one hand, its not the same as talking to a pssenger. If the call is that urgent, pull over and stop. Its safer.

- Mike Bradley, Earby, Lancs, England

I think the goverment need to look more closely at actually trying to enforce the laws we already got.

1) Using a pedestrian crossing, different days same crossing, and 2 different cars came within inches of me, and still carried on regardless of going through a red light, like I am the one in the wrong. Reported to the police...we'll investigate it.

2) a youth in a car doing in excess of 70mph (and accelerating) in a 30mph zone, with poor visibility ie bend in the road that a driver cannot see more than 200 feet. Reported to the police...we'll talk to the driver.

3) People still flouting the law using mobiles behind the wheel, while it has reduced over recent years, it is still a major problem with their driving.

4) People trying to save time by cutting blind corners. Like I was the driver of a 17 tonne vehicle, and the corner was 10 feet behind my rear wheels, and had a lady driver cross the line, and come straight-on at me. Luckily I had 2 drivers with me, so there was no question of me being able to back up my story of stopping the truck (well) before impact, as it was a slow corner anyway. so she had plenty of time to see me, as I was at a crawling pace, as I needed to look around the corner for other large on-coming vehicles.

So basically the government is making up as many silly little rules, but we don't seem to have the man power (police) to cope at the moment with the laws we already got. Police not laws we need.

- Michael, South Wales

I think it's beyond ridiculous. It doesn't take any more concentration to talk on a phone than it does to talk to a passenger. This is just another way that the government can 'stick it' to the motorist. They'll even fine you for lighting a cigarette while driving if they feel like it.

A few years ago, before mobile phones were common, no one cared if you used them while driving. To make the punishment harsher than it would be for actual murder is flat out ridiculous!

- Kelly, Mansfield, England

Those who kill while using a mobile phone will face 14 years behind bars under the charge of causing death by dangerous driving.
There seems to be some legal confusion regarding the issue of intent.
I know a local man who killed his girl friend by shooting her in the head with an unlicensed hand gun.
He only received 3.5 years in prison.
I'm sure he had considerably more intent to kill compared to any motorist using a mobile phone.

- Phil, Bristol, UK

I don`t really feel free in this country anymore...

- Marius, London

To Paul of London who said "2 years for using a mobile, while that bloke who spent someone else's money last week got community service. It doesn't add up."

Yes it does add up. Spending someone else's money isn't dangerous to other people. Talking on a mobile, hands-free or not, is.

- Graspee, York, England

Why not just cut to the chase and send all motorists to the gallows. As if they don´t have enough issues: traffic, rising costs of motoring, unrelenting police victimisation, congestion charges, speed cameras, parking attendants. If you are an evil 4x4 owners you are really in the thick stuff. Sure driving requires responsibility but why do we allow ourselves to be bullied? The real issue is lack of planning and joined up thinking by the government and their agencies who want to patronise and control us.

- Alan, London, UK

Good idea, but I think that the law should be very clear as to what the limits are. I have seen people swerve while adjusting the radio dial. Is a radio now illegal as well?

- Mike, US

It would be nice if the authorities in Britain decided to be as tough on all of the criminals out there who intentionally inflict harm and loss on innocent people as these laws will be on people who hurt someone purely by accident.

- Robert, London, UK

Probably the most dangerous thing one can do is to take ones eyes off the road but if so, then why does the government insist on imposing speed, oh I'm sorry, safety cameras on motorists because every time a motorist sees a 'safety' camera, the first thing they do is take their eyes off the road ahead to check their speedometer?

I have heard how this has directly contributed to serious accidents; perhaps those responsible for 'safety' cameras should be held account for such accidents?

- Keith Simpson, Wareham, England

I wish this law would be put into effect here in the states. Driving and talking on cell phones is the worst problem out there on the road. It is even worse than driving drunk. You can tell just by the way another car is driving who is talking on the phone.

- Todd, St Paul, USA

If they are dumb enough or callous enough to use a 'phone behind the wheel then send them down.

- Dave, Cornwall

..."could be charged with dangerous driving" and "could be jailed" are code expressions for definitely won't be because we're scared to do it.

- Frank, England

As ever with our increasingly oppressive and iliberal government here is yet another largely meaningless attack upon motorists involving draconian threats of imprisonment. Whilst it is absolutely right that those whose actions behind the wheel are dangerous and result in harm coming to anyone else should be seriously punished it is ridiculous that a Government that won't lock up burglars and allows murderers to be released after serving only 8 years are yet again picking on motorists.

This shower of a government have destroyed law and order and have made Britain the criminal's playground but instead of rectifying their stupidity they prefer to put their efforts into persecuting the motorist.

- Matt, London, UK

As I understand it it is already an offence to drive without "due care and attention". This is an unnecessary law. Having children in the car can be far more of a distraction than talking on a cell phone.

- Brett Wright, Huddersfield, UK

My nephew was killed by someone using a cell phone. My family will suffer the absence of Dameatrius forever. Fourteen years is not that much time for a murderer, you think? The woman received 18 months in the US. Justice, I think not!

- Wayne, Toledo, USA

TonyB is right. "Motorists who use a hand-held mobile phone or fiddle with a satellite-navigation system while driving could be jailed for up to two years." but, if they have the right lawyer, can drive through Ruislip at 82mph with impunity.

There seem to be a ton of people that drive around London as if they were above the law, and probably are, as they can pay off whoever.

- Matt, London

The courts already have powers that they do not use, as does DVLA. For example, DVLA can cancel a driver's license but don't. If the courts were to imprison drivers and DVLA also cancel the licenses then we would soon see the number of offences plummet.

- John Boyle, Berlin, Germany

Put in jail where? I thought the jails were so crowded, thieves, rapists, violent yobs, molesters, etc were being released so there was room for the "real criminals"?

It's a bit topsy turvy eh? Put the cell phone users in jail, let the rapists out?

- Trunk, US

Simon - you're just as dead whether stabbed / shot by a gang, or run down by a driver on a mobile.

- Philip, London, England

Another bit of silly knee-jerk legislation from New Labour. The existing provisions are adequate and - crucially - proportionate. Just enforce them!

- Bryan Armstrong, London

Although I agree that these idiotic motorists should be fined or jailed, it is highly unlikely as the police would need to enforce the law - which they don't seem to do at present.

Also we see many drunken drivers who kill being let off with short sentences or just fines, so I really don't think these motorists need to worry - sadly.

- Mm, London

I saw this last night. A mature male with children in the car, using his phone, then the car in front of him stopped. He was struggling to control the car as he had only one hand. Luckily this was not a speed so no accidents, but a close shave. He obvously cares little for his own life and those of his passengers. It is this kind of arrogance that causes people to feel why should I care no one else does.

- Mary Breading, Hornchurch, Essex

Agree with Allan. It would seem to me the police and government are too scared or dont know how to deal with knife and gun crime. Far better to prosecute the motorist or some other easy target.

- Simon, London

I never cease to be amazed by the number of people who drive while using a hand-held mobile phone.

Clearly, they are too tight to pay for a hands-free kit, too arrogant to worry about the current penalty and too stupid to consider the danger they are causing to themselves and other road users.

Two years might seem a bit steep, but it can be avoided by either spending around £100 for a handsfree kit or not using a mobile at all while driving.

- Austen, London

Good. I hope they enforce it.

- Suzanne, London

Good on you Simon as I see the same thing, in fact this morning on Fulham Palace Road there was a lady on her mobile plus texting while driving. There was a police car behind her but nothing was done so what's the point to this? They have take this seriously and maybe the best option for police to enforce this is to actually squash the cars involved as then drivers will think twice about it...especially if they rely on them for work.

- Sarah, London

I welcome the legislation. Especially the increase in term for death by dangerous driving.

I think for people caught on mobile phones a long driving ban would be more effective that a prison sentence.

To be honest I believe for most dangerous driving crimes eg drunk driving, dangerous driving, using mobile phones and persistent speeding, a lengthy ban will really hit people hard and actually punish them properly.

- Stuart, UK

The Government really needs to focus its attention on real crimes rather then harassing innocent motorists with the introduction of never-ending stealth taxes. The UK's prisons are already overcrowded, it would be absolutely ludicrous to start filling them up with motorists rather then real criminals - sort it out!

- Allan, London, UK

Let's face it, the police are never going to enforce this as a proactive measure.

They will, however, look to see if someone was on the phone AFTER they had a crash because it's an easy prosecution. They WON'T however wander around the streets trying to find people driving dangerously like this.

I see several people doing this every day, but I don't recall ever seeing a newspaper report of someone being prosecuted for this. If the police want to catch people doing this, then it isn't exactly difficult. About 5 yards outside their police stations should do.

- Brian, Telford

2 years for using a mobile, while that bloke who spent someone else's money last week got community service. It doesn't add up.

- Paul, London

Two years my eye. Legislation is simple, after all there are enough simpletons doing it, but who is going to enforce it and how? Every day you see people with a phone in one hand and the steering wheel (hopefully) in the other hand, this has been illegal for ages now but I have yet to see anyone being pulled over for it. The police need to set up traps on busy roads and pull people off for doing this but somehow I just don't see it happening.

- Dennis, Taplow UK

"Motorists who use a hand-held mobile phone or fiddle with a satellite-navigation system while driving could be jailed for up to two years." but, if they have the right lawyer, can drive through Ruislip at 82mph with impunity.

- Tonyb, Twickenham

In theory a good idea, however it would require traffic police to actually catch people in the act, and seeing as the number of traffic police in London alone has halved in the last 10 years I find it very hard to believe that anyone will ever be prosecuted.

- Terry Roll, London

I see them every morning and evening talking on their phones and making some potentially fatal manoeuvres because of their lack of concentration. In reality the only way to deal with these selfish people is to jail them, ban them from driving for 10 years and crush their vehicle. If one of their relatives were killed or injured because of an inattentive driver they would be the first to condemn the person. I think we have been far too soft on these people for too long. Let’s reverse this lapse and start treating it for the dangerous and selfish crime that it is.

- Stephen D., London England.

Utterly pointless. I see people using their mobiles whilst driving every day. There are no police around to enforce the law.

- Philip, London, England

You can't keep threatening people with jail when we all know there aren't any jail places left! Talk about diluting the message.

- Marianne, SW France

I happen to cycle in and around south London on a daily basis. On average I witness 5-8 car drivers daily in a 20 minute period driving while talking on a hand held mobile phone.
And what's even more startling, those guilty drivers are from a wide cross section of society, we're not talking about just teenagers here.

- Simon Caleb, Clapham, London


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