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The legislation covering the use of mobile phones is another example of how the law can struggle to cope with technology. Historically, the use of a mobile phone would have come within the terms of
The Road Traffic Act, Section 3, namely careless driving, although the creation of a specific statutory offence was considered appropriate.
The relevant provisions are detailed although the offences can be broken down as follows:
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(a) |
A person who drives a motor vehicle on a road whilst using a hand-held mobile
telephone/device |
A device is deemed to be hand-held if it is actually held or must be held at some point during the course of performing an interactive function. This concept includes making or receiving a call, sending or receiving a text, surfing the internet etc.
We have been involved in a number of cases where the Crown have failed to sufficiently prove that the hand-held device was actually being used, in the legal sense. The recent case involving MSP Ted Brocklebank at Cupar highlighted some of the difficulties the Crown can encounter and expert advice should be sought if you have been charged with such an offence.
The Court now has the power to disqualify, on a discretionary basis, for such offences and accordingly the defence of these cases should not be taken lightly.
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(b) |
A person who causes and permits a driver of a motor vehicle on a road whilst using a hand-held mobile telephone/device.
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The The penalties for this offence are identical to those imposed upon the driver for usage and therefore passengers need to be vigilant and ensure whoever is chauffeuring them about is not in breach.river for usage and therefore passengers need to be vigilant and ensure whoever is chauffeuring them about is not in breach.
There is an exemption if the person using the device is making the call in response to a genuine emergency and that it is unsafe or impracticable to cease driving.
If you have received a fixed penalty notice or Court citation for an offence relating to the use of a mobile telephone
or other device whilst driving, call Michael Lyon Solicitors.
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ml@theroadtrafficlawyer.com |
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