Consultation opens on stricter penalties for using a mobile phone while driving

A public consultation has opened today on proposals aimed at deterring the illegal use of a mobile phone while driving.

It is already an offence to drive a vehicle while ‘using’ a hand-held mobile phone or similar device and is currently punishable by a fixed penalty of £60 and three penalty points. Despite this, illegal use of mobile phones by drivers is an increasing problem.

This consultation considers whether the current offence and penalties continue to represent an active deterrent and also proposes changes that will make it illegal to hold a mobile phone while driving.

Donald Starritt from the Department for Infrastructure’s Safe and Sustainable Travel Division is encouraging people to respond to the consultation:

“This consultation, agreed by the previous Infrastructure Minister, is an opportunity to express views on proposals to strengthen deterrents against using or holding a mobile phone while driving, including increasing the fixed penalty from £60 to £200 and increasing penalty points from three to six.

“Many of you will have already seen the Department’s latest advertising campaign “Interview Shame”, which highlights the devastating consequences caused by using a mobile phone while driving.  Hand held mobile phones are distracting yet some drivers continue to ignore the dangers and flout the law. Creating a safe community is a key aspect of the draft Programme for Government and this consultation is about making our roads safer for everyone.

“The Department continues to work with our road safety partners in the PSNI to keep all road users as safe as possible.”

Chief Inspector Diane Pennington of PSNI Roads Policing said:

“Police investigations and observations confirm that driving distraction and a decrease in driving standards, caused by phones and other electronic devices, is on the rise. Most drivers understand they shouldn’t be using their phones when driving and know it’s wrong but still we see it occurring every day on our roads. We believe it’s time to look at measures to dissuade and deter this behaviour, coupled with potential changes to make it easier to enforce the law. With this in mind we encourage everyone to consider what ideas or views they can contribute to the consultation.”

The consultation will run from 6 March to 15 May.  Responses can be made online at https://consultations.nidirect.gov.uk/dfi-driving-policy-branch/71af5f0a or by downloading the consultation papers from www.infrastructure-ni.gov.uk/consultations.

The response to the consultation will be used to put proposals to an incoming Infrastructure Minister.

Notes to editors: 

1. It has been a specific offence in Northern Ireland to use a hand-held mobile phone while driving since 1 February 2004.  It is also an offence to “cause or permit” a driver to use a hand-held mobile phone while driving, or to use a hand-held mobile phone while supervising a learner driver. The regulation includes any device, other than a two-way radio, which performs an interactive communication by transmitting and receiving data.
2. The law also applies when:
   ● stopped at traffic lights
   ● queuing in traffic
   ● supervising a learner driver
3. The current mobile phone fixed penalty of £60 and an obligatory endorsement of three penalty points has been in place in Northern Ireland since June 2007. If the case goes to court the driver could be disqualified from driving, receive three penalty points and a maximum fine of £1,000 (or £2,500 for a PCV or goods vehicle).
4. In Great Britain, an increase in the fine and penalty points for using a hand-held mobile phone while driving came into effect from 1 March 2017. The new levels are six points and a £200 fine – up from the previous three points and £100 penalty.
5. The consultation seeks views on whether:
   (i)   The fixed penalty should be increased from £60 to either £120 or £200 – for all drivers;
   (ii)  The number of penalty points should be increased from 3 to 6 for all drivers – or whether the new levels should be 6 points for drivers of HGVs and buses and 4 points for other drivers;
   (iii) In the longer term, the law should be changed to make it illegal to hold or use a hand-held mobile phone while driving.
6. Any increase to the number of penalty points would also apply when a driver is convicted in court. This will ensure no differentiation between the number of points when a driver accepts a Fixed Penalty Notice or is prosecuted through the courts.
7. The proper use of hands free devices when driving would remain legal.
8. All media queries should be directed to the Department for Infrastructure Press Office on 028 9054 0007 or e-mail: press.office@infrastructure-ni.gov.uk.  Out of hours please contact the duty press officer via pager number 07623 974383 and your call will be returned.
9. Follow the Department on Twitter @deptinfra and on Facebook at @DepartmentforInfrastructure.

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