Driving Home the Message on Mobile Phone Legislation

MORE than 7500 drivers have been caught using mobile phones, or supervising learner drivers, whilst using a mobile phone in Tayside since legislation outlawing such behaviour was introduced four years ago. Tayside Police, in common with other Forces in Scotland, will be involved in a national day of action on Monday (December 3) to mark the anniversary of mobile phone legislation.

Chief Inspector Sandy Bowman, head of road policing in Tayside, said: "There is research which shows that drivers are four times more likely to be involved in an accident if using a mobile phone than those who do not, whilst driving.

"I have said on a number of occasions previously that this legislation is there to increase the safety of all road users, but the figures show that our officers are still detecting people who choose to flout the law. When these people do, they will be caught, fined and have points put on their licence."

The most recent figures indicate that a total of 7641 motorists have been detected across the force area since legislation was introduced in 2003. Initially, the legislation provided for a non-endorsable penalty of £30. Figures across the Force area have since shown that more people are being detected year on year, despite there being greater awareness of the law in this area.

In 2004-05 a total of 1360 offenders were detected, 2005-06 saw 2200 brought to book and a total of 2466 were traced in 2006-07 (all financial years - April to March).

This worrying level of misuse and disregard of a road safety law that was brought in to increase the safety of every road user led to the Government increasing the penalties that could be incurred. Since February, the financial penalty for such an offence was doubled to £60 and the offence now attracts a statutory three point endorsement to the offender's driving licence.

Furthermore, there is the potential for a £1000 fine on conviction if the case reaches court. This increases to £2500 for drivers of goods vehicles, buses or coaches.

Again and in spite of the increased penalties, most recent figures indicate that drivers are still prepared to take their chances and flout the law. Since the further legislation in February, 1119 people have been given endorsable penalties for wrongly using their mobile phones.

The legislation applies to the drivers of all motor vehicles, including cars, motorcycles, goods vehicles, buses coaches and taxis. Additional responsibilities are also placed on employers and to anyone supervising a learner driver to ensure that the regulations are complied with. Since 2003, 21 people supervising learner drivers have been caught using their mobile phones at the same time.

Chief Inspector Bowman continued: "I would urge motorists to comply with the legislation. We would far rather not catch offenders at all and have safer roads as a result. But so long as drivers, for whatever reason, feel they can get away with using a mobile phone whilst driving, or supervising a learner, we will be out there to catch them.
"I do not believe that people are ignorant of the law and even if they are ignorance is no excuse.

"To be absolutely clear - it is illegal to use a hand held mobile phone when driving, even when stopped at traffic lights or in a queue of traffic. This includes making or receiving calls, pictures, text messaging or accessing the internet. If you must do any of these, pull over to a safe location before you do so.

"It is permissible to use a hands-free mobile phone, but it should be noted that they too can be distracting and where there is evidence that the driver does not have proper control of the vehicle, because of using a mobile phone, then an endorsable conditional offer of £60 fine and three points can be issued.

"Drivers can also be prosecuted for dangerous or careless driving in those circumstances.

"The surest way to guarantee you are not putting lives - including your own - at risk is to switch off before you drive. Don't risk it."