What are the options for charging phone-using drivers ?
Firstly , it ’ s important to note that mobile phone use is still distracting , regardless of what discussions are going on currently about what the law does and doesn ’ t say . If you think a driver needs to be prosecuted for their actions , don ’ t be put off because you are uncertain about the options . Likewise , don ’ t ignore hands free use in your communications messaging .
There are several options for charging drivers who are using their mobile phones , depending on the type of use , the circumstances and the evidence , and the CPS have recently produced some new guidance , which you can access here : https :// www . cps . gov . uk / legalguidance / road-traffic-mobile-phones ( although it does not specifically suggest which charges apply in which circumstances ) from observing the behaviour to suggesting the most appropriate disposal . Our police colleagues can access this via the Roads Policing section of the police Knowledge Hub [ https :// knowledgehub . group / and join the NRPOI group ]. This includes considering words of advice or education , charging the driver for not being in proper control , choosing to issue an FPN under the 2003 law , or opting for a charge of careless or dangerous driving .
We ’ ve consulted academic lawyers , serving roads policing officers and other experts to help you choose which law might be appropriate in which circumstances . Of course , each force may have it ’ s own approach , so check locally before following the advice !
So our academic lawyer friends have put together an interactive flow chart that DOES guide you through
We are particularly grateful to Professor Sally Kyd and Dr Steven Cammiss for their contributions to this bit of the compendium and the online resources . You can read more about their work here : https :// www2 . le . ac . uk / departments / law / people / drivingoffencesexecutivesummary . pdf
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