The Department for Transport has recently confirmed that the penalty for driving while using a mobile phone will double. It is anticipated the new proposals will become law in early 2017.

The law currently provides that a driver caught driving while using a mobile phone will have his licence endorsed with 3 penalty points. Under the new proposals the minimum penalty point endorsement will be 6. The level of fine will also be increased.

The proposed change would mean that a driver getting 2 convictions could face a minimum 6 month “totting up” disqualification for accumulating 12 penalty points.

The new law will also have a severe impact on probationary drivers who have held a full licence for less than 2 years. The law currently provides that if a probationary driver accumulates 6 penalty points in the first 2 years of driving after completing a test their licence will be revoked and they will be forced to re sit their theory and practical test.  Under the new proposals this will mean a probationary driver will lose their licence if caught on only 1 occasion driving while using a mobile phone.

Hewitts Solicitors specialise in all aspects of road traffic law.  If you are being investigated for any driving offence getting early advice and representation can make a significant difference to the outcome.

Even if you accumulate 12 or more points on your licence it is possible to argue that you would suffer exceptional hardship if you were disqualified.  If the Court finds that it would cause you exceptional hardship they have a discretion not to impose a disqualification.

If you need advice in this area, please contact Callum Terry, Solicitor and Head of Motor and Transport or Freephone 0800 304 7740.


About the author

Callum is the head of the Motor and Transport team.  He is a solicitor with over 15 years of experience dealing with road traffic and transport matters.