Mallon announces tougher driving penalties for mobile phone use to come into force

Legislation brought forward by Infrastructure Minister Nichola Mallon to increase penalty points and fines for those using a hand-held mobile phone while driving comes into effect tomorrow (3 February 2021) for all motorists in Northern Ireland.

Speaking in the Assembly today Minister Mallon said:

“I have made it clear that I take a zero tolerance approach to irresponsible behaviour on the roads. Despite the risks of using a mobile phone whilst driving, too many people continue to flout the law on a daily basis.

“This new legislation is a strong signal to those willing to take risks on the road that this behaviour will not be tolerated. From today, the penalties for using a hand-held mobile phone while driving will be increased to six points and a £200 fine, bringing these in line with Scotland, Wales and England.  If you are caught for a second time (or accrue 12 points on your licence) there will be no more chances - you will face a court hearing, disqualification and fines of up to £1,000. Newly-qualified drivers, who have a ceiling of six points for the first two years after passing the test will face an immediate ban. 

“But the consequences of using a mobile phone while driving go far beyond the loss of a licence. Distraction while driving is one of the main causes of road traffic collisions on our roads. Many of those collisions causing serious injury and some resulting in loss of life.

“My message today couldn’t be clearer – drive responsibly, put your phone down or risk losing your licence. This is not a minor offence and you will not get away with it.”

The Minister added:

“The changes coming into force tomorrow will I hope go some way to changing drivers’ attitudes and behaviour around the illegal use of mobile phones.  We need to call time on this offence and I hope that the loss of a licence will be a price no driver will be willing to pay.”

PSNI Assistant Chief Constable Jonathan Roberts said:

“We welcome this new legislation which underlines our very straightforward road safety message.  When you are driving, your focus should be on the road and what other road users are doing, free from any distraction. 

“Our figures clearly indicate that driver distraction, together with inappropriate speed, drink and drug driving are consistently the main causes of the most serious crashes which kill and injure people on roads across Northern Ireland. No phone call; No message; No social media update is more important than the potentially catastrophic consequence of not paying full attention when driving a vehicle.”

Notes to editors: 

1. The Road Traffic Offenders (Northern Ireland) (Amendment) Order 2020 was affirmed by the Assembly today. Increased penalties of six penalty points and a fine of £200 for mobile phone use while driving will come into effect at 00.01 on 3 February 2021.
2. The existing penalty for the mobile phone offence is three penalty points and £60 fine. This level of penalty has been in place in Northern Ireland since June 2007.
3. The new level of penalty brings Northern Ireland into line with what has been in place in Britain since 1 March 2017.
4. The increase to the number of penalty points will also apply when a driver is convicted in court. This ensures that there is no differentiation between the number of points when a driver accepts a Fixed Penalty Notice or when prosecuted through the courts.
5. Currently a driver (excluding a new driver) can be given points for offences on four separate occasions before they reach the required 12 points for disqualification under the ‘totting-up’ process. This will now reduce to 2 occasions.
6. New Drivers - lose their licence if they reach six or more penalty points within two years of passing their first driving test. This includes any penalty points they had before passing the test, which are still valid. One offence will therefore mean that a new driver loses their licence immediately.
7. Fixed Penalty Notices (FPNs) provide an alternative to prosecution. If a person accepts the FPN and pays the fixed penalty within the stated date, then the offence will not be recorded as a criminal conviction. The law on fixed penalty offences does not enable the payment of the fixed penalty sum in instalments.
8. Hands-free mobile phone use is legal but it is distracting and can therefore be dangerous. Depending upon the individual circumstances, drivers could be prosecuted with ‘failing to have proper control of their vehicle’.
9. The mobile phone consultation ran from 6 March 2018 to 15 May 2018. https://www.infrastructure-ni.gov.uk/consultations/use-mobile-phone-while-driving-review-existing-offence-and-associated-penalties.
10. A synopsis of responses was published 24 July 2019                 https://www.infrastructure-ni.gov.uk/publications/synopsis-responses-consultation-use-mobile-phone-while-driving-review-existing-offence-and-penalties.
11. All media queries should be directed to the Department for Infrastructure Press Office at: press.office@infrastructure-ni.gov.uk.
12. The Executive Information Service operates an out of hours service For Media Enquiries Only between 1800hrs and 0800hrs Monday to Friday and at weekends and public holidays. The duty press officer can be contacted on 028 9037 8110.
13. Follow the Department on Twitter @deptinfra and on Facebook @DepartmentforInfrastructure

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