The dangers of using a mobile phone while driving are well known, yet distracted driving remains a cause of collisions and fatalities on our roads. While it has been illegal for years to use a handheld phone for calls or texts in Northern Ireland, a new public consultation proposes to significantly expand these laws to reflect how we use modern technology. The Department for Infrastructure seeks to close legal loopholes and create tough legislation to keep everyone safer on the road.
The Current Law and Its Penalties
Since 2004, it has been against the law in Northern Ireland to drive a vehicle while using a handheld mobile phone for an interactive communication function, such as making a call or sending a message. The current penalty for this offence is a £200 fine and six penalty points on your licence.
A key challenge with the existing law is its focus on interactive communication. This has led to legal ambiguity around activities like scrolling through music playlists, taking photos, or filming a video, as these functions do not necessarily involve direct communication. The proposed changes aim to eliminate this grey area.
What the New Proposals Will Change
The new legislation under consideration would make it an offence to use a handheld mobile phone for any purpose while driving. This would include activities such as:
- Taking photos or videos
- Scrolling through social media feeds
- Checking playlists or music apps
- Playing games
Essentially, if you are holding your phone and using it, you would be breaking the law. This stricter approach aims to tackle the full range of distractions that modern smartphones present.
These new rules would also apply to other handheld devices capable of interactive communication, like tablets, electronic notepads, and gaming consoles, whether they are connected to the internet or not.
Why the Law Needs to Change
The motivation behind these proposed changes is simple: road safety. Inattention is a key factor in the majority of serious road collisions. Modern phones offer so many functions that were not available when the original law was introduced, and they can all distract a driver just as much as a phone call or text message.
Driving is a complex activity that requires a driver’s full attention. A moment of distraction, even just a few seconds looking down at a screen, can have lifelong consequences. The proposed legislation seeks to reinforce the message that holding and using a mobile phone for any reason while driving is a dangerous and unacceptable risk.
Legal Advice for Motoring Offences
The laws governing motoring offences in Northern Ireland are detailed and can be confusing. Whether you are dealing with an existing charge or simply want to understand how new laws might affect you, obtaining expert legal advice is a crucial step.
If you have been charged with a driving offence or have any questions about the current or proposed laws, the solicitors at McPartland & Sons Solicitors are here to help. We can provide you with clear, professional guidance to ensure you understand your rights and the legal process ahead. Contact us today for a confidential consultation.
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