Motor Law Matters - Using a Mobile Telephone 

  • Using a Mobile Telephone whilst driving is an offence which now carries 6 points and a financial penalty.  It is a serious matter and can very quickly lead to a totting disqualification.


  • The Offence is dealt with by the Construction and Use Regulations.


  • Section 110 of the Construction and Use Regulations states that it is an offence to use a handheld mobile telephone whilst driving on a road, or to cause or permit another person to do so.  It is also an offence to use a mobile telephone whilst supervising a learner driver.


  • There are a number of technical areas where the offence of using a mobile phone whilst driving can he challenged:
    • The definition of 'hand-held mobile telephone
    • ​The definition of 'using,' a hand-held mobile telephone
    • The definition of a road
  • It is also not uncommon for people accused of this offence to assert a factual defence - i.e. to deny any use whatsoever - on the basis that Police Officers simply 'got it wrong.'  Despite what you might have thought before an accusation was made against you - Police Officers do indeed get things wrong and many cases can be challeged on this basis.


  • Coral Fitzgerald has successfully challenged cases involving use of a mobile telephone, including a case where she managed to convince a District Judge that a petrol station (because of its particular details) was not a road. 


  • If you want to discuss this further call Coral on 07790 356069.



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Essex CM15 0UD




Tel: 07790356069

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Fitzgerald Solicitors is Authorised and Regulated by the Solicitors Regulation Authority Firm Number 553427.



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