Using a Mobile Phone While Stationary in Traffic

Many drivers are penalised for using their mobile phones even when their vehicles are stopped, such as at traffic lights or in traffic jams. This leads many to question whether they can avoid the usual penalty of six points on their driving licence for phone use while driving. Understanding these details is essential for those who want to navigate the legal implications, especially if their phone usage happens during moments of being stationary rather than while actively driving along.

What does the law say?

For an offence of using a mobile phone while driving, the prosecution must prove:

• • that you drove a vehicle,
  • on a road,
  • whilst using a handheld mobile telephone or other communication device (not a two-way radio) that performs an interactive communication function.

It is fairly difficult nowadays to pick up a mobile phone without using it. It does not matter if you did not make a call or send a text because smartphones have so many other functions. For this reason, police often refuse to look at people’s call logs when people offer to show them.

Many mobile phone screens will illuminate as soon as they are picked up. If the screen illuminates and it is in your hand, the law appears to say that this is ‘using’ your phone.

Are You Still Driving If Your Car is Stationary?

The law requires the prosecution to show that you drove a vehicle on a road, so would you be driving if you were not moving? Well, it depends.

To answer this question, we have to look at the legal definition of ‘driving’, which is not as straightforward as you may think. There are many cases on this point, some of which conflict with one another.

However, there is a clear principle that the vehicle does not have to be moving for it to be being ‘driven’.  There are even cases where people have been convicted of offences such as careless or dangerous driving, where they have parked up and left the vehicle.

The courts have proposed the following considerations.

• • The primary consideration as to whether a person is ‘driving’ is essentially a question of fact, dependent on the degree and extent to which the person has control of the direction and movement of the vehicle.
  • One test is whether the accused was “in a substantial sense controlling the movement and direction of the car”.
  • It has still to be considered whether the activity in question could fall within the ordinary meaning of the word “driving” in the English language.

In layman’s terms, one of the main questions to ask is whether the journey is at an end at the point the phone is used. Whether the engine is on is not conclusive, but may still be a factor.

If, for example, you are stationary at traffic lights and while you are waiting, you put on your handbrake and the engine turns itself off, you are still likely to be driving. This is because you are still on the road in the middle of your journey and have only stopped to obey the traffic signal. While there may be little or no danger resulting from you picking up the phone, the offence has still been committed. The same situation would arise if you are stopped in stationary traffic.

This may seem unfair because the risk to others is usually far lower if your vehicle is stationary, but the police are generally reluctant to exercise discretion in such cases. There is no longer the option to go on a driver awareness course for mobile phone offences, so if you are caught and accept a conditional offer of a fixed penalty, you will receive 6 penalty points and a fine. If you are convicted at court, you are likely to receive a harsher financial penalty. The court also has the option to impose a discretionary driving ban instead of points but will usually impose 6 points.

Conclusion

If you want to check your phone while on a journey, you should pull over to the side of the road and ideally, turn off the engine before doing so. If you do this, you have a far better argument that your journey has temporarily ceased and we would generally advise resisting any suggestion that you were driving at that point.

While it may be tempting to glance at your phone when you’re stationary, you must try to resist the urge. Even if you believe there’s no immediate danger, you are still committing an offence. The consequences for your licence and insurance can be significant, making it simply not worth the risk. If you already have 6 or more points on your licence, you could face a minimum 6-month driving ban. For new drivers, this could lead to the revocation of your licence.

If you need to have your phone with you when driving, make sure you keep it in a secure holder. Do not keep it in the cup holder, near the gearstick or on your lap. If it is in a holder, you are far less likely to be tempted to pick the phone up and so will not commit this offence.

If you have been accused of using a mobile phone while driving and need advice, please don’t hesitate to contact us today.

Need help with your case?