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Crime Solicitors

HGV drivers have been urged to leave their mobile phones alone (18 December 2017)

Date: 18/12/2017
Duncan Lewis, Crime Solicitors, HGV drivers have been urged to leave their mobile phones alone

The Road Haulage Association is reportedly disappointed at recent news that HGV drivers are still being snapped whilst eating, drinking, checking paperwork and using a mobile telephone behind the wheel.

“There is absolutely no excuse for this behaviour”, said the RHA Director of Policy, Rod McKenzie.

“If you’re driving, leave your phone alone. If you need to eat, drink or check your paperwork, then stop when safe and practical to do so,” he said.

The RHA are the only trade body with sole responsibility for the road freight sector and they constantly stress the crucial role played by the industry in moving 85% of the economy. They work hard to improve what has historically been seen as a poor industry image.

“Those that continue to flout the law are risking their life, the lives of other road users, a fine and the possible loss of their job,” continues McKenzie. “HGV drivers cannot all be tarred with the same brush, but the minority of drivers, those who deliberately continue with these illegal practices, are ruining the industry for those who work hard to remain within the law.”

Duncan Lewis’ view:

Using a mobile phone whilst behind the wheel can cause a serious distraction that can have potentially fatal consequences. Every day, road users create significant and unnecessary risk with such distractions and the nation reacts with widespread anger and sadness upon hearing of tragic incidents as a result.

HGV drivers are on our roads for the vast majority of their employment and one would expect professional drivers to hold themselves to higher standards of safety for the good of all road users.

Increased penalties have been in force since 01 March 2017 and motorists using a phone while driving now receive 6 points on their licence and a £200 fine as opposed to the previous 3 points and £100 fine.

Motorists caught using their mobile twice or accruing 12 points on their licence will face disqualification as a “totter” and fines of up to £1,000.

New drivers (those with less than 2 years’ experience since passing their first test of competence) risk having their licence immediately revoked meaning they would have to retake their tests in order to regain their entitlement to drive. Lorry or bus drivers can be suspended if caught.

Transport Secretary Chris Grayling said:

“Our message is simple and clear: do not get distracted by your mobile phone while driving. It may seem innocent, but holding and using your phone at the wheel risks serious injury and even death to yourself and other road users.”

Doubling penalties will (for the majority) act as a strong deterrent to motorists tempted to pick up their phone while driving and will also mean repeat offenders could find themselves banned from our roads.

Everyone has a part to play in encouraging their family and friends not to use their phones while driving – it is as inexcusable as drink driving.

The police took part in a week’s enforcement between 23 - 29 January and handed penalties to 3600 drivers. It would be interesting to see recent figures since the new penalties have been in force to see if the increase has had the desired effect.

If increased penalties are not enough to deter motorists then it presents significant difficulty in ensuring that motorists drive safely. Mobile telephones have arguably never been more popular and the number of motorists increases year after year. The alarming trend of using a telephone behind the wheel is one that must be brought under control to ensure road safety for all.

Author Neil Sargeant is a Road Traffic specialist within the Duncan Lewis Crime Department, based in Harrow. He has specialised in Road Traffic Law since 2008, establishing close working relationships with some of the country’s leading experts in this field and maintaining an outstanding record of client acquittals. His specialist expertise stretch across road traffic law, but are is most extensive in:

  • Drink Driving (with breath, blood or urine samples);
  • Drug Driving;
  • Failing to provide a specimen for analysis whether this be breath, blood or urine;
  • Being drunk in charge of a vehicle;
  • Any type of road traffic case that involves a procedure conducted at hospital;
  • Dangerous & Careless driving; and
  • Cases involving a fatality.

Duncan Lewis Motor Law Solicitors

Recognised by the independent directory Chambers & Partners as a top tier criminal defence practice, Duncan Lewis’ Crime department has a wide selection of services with a highly skilled team of solicitors. Our services include Motoring Law, with particular expertise in drug and alcohol-related motoring offences. We can provide free and comprehensive legal advice on any motoring prosecution, regardless of the allegations.

It is crucial that you seek legal advice immediately, as an early opinion in your case can make a significant difference to the end result. Duncan Lewis Solicitors can be on hand to deal with whatever motoring law issue you may have.

For specialist advice please call our Road Traffic specialist Neil Sargeant on 02031141145 or email him on neils@duncanlewis.com.


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