Drivers caught illegally using a mobile phone should have their devices confiscated – and then forced to pay a fee to get them back from police.
That’s the view of one in three motorists polled in a new survey who said they would support officers confiscating phones from offenders as part of a crackdown on drivers who use and text dangerously while on the road are.
In 2017, the fine for using a handheld device while driving was increased to £200 and six points (from £100 and three points) – although this is still not proving to be a deterrent for thousands of road users.
Home Office data shows that in 2022, 37,900 drivers in England were issued a fixed penalty notice (FPN), retraining course or faced legal proceedings for illegal phone use – and these are just those caught in the act by police.
Are the penalties for using a phone behind the wheel severe enough? A new survey has found that a third of motorists would support the idea of police confiscating devices from offenders
The new survey, conducted by road safety organization IAM RoadSmart, surveyed 2,437 members.
It showed that 34 percent were in favor of the proposal idea where police confiscate mobile phones for a short period, with 27 percent believing offenders should pay to get their phone back – similar to when a vehicle is seized because no tax has been charged.
This would be an additional penalty on top of the existing £200 fine and six-point endorsement.
Another 7 percent are in favor of confiscation, but do not think offenders should have to pay to get their phone back. A slight majority (56 percent) were not convinced that picking up a phone was appropriate.
A third of drivers surveyed by IAM RoadSmart support the idea of police confiscating phones from offenders for a short period, with 27% saying they should pay to get their phone back
The road safety group had to question whether existing penalties are a strong enough incentive for drivers not to operate the devices while behind the wheel.
Data obtained by IAM RoadSmart through a Freedom of Information (FOI) request to the DVLA shows that in 2022, 34,738 drivers were given a ‘CU80’ endorsement on their license for illegally using a mobile phone behind the wheel.
Worryingly, the same figures show that drivers aged between 17 and 24 make up a tenth of those receiving an endorsement, despite this age group representing just 7 per cent of all driving license holders.
| Year | Number of drivers who receive CU80 (6 points on driving license) | Number of drivers between 17 and 24 years old with CU80 (6 points on driving license) | Share (17-24 years) | YoY change – all drivers |
|---|---|---|---|---|
| 2022 | 34,738 | 3,623 | 10.4% | 75% |
| 2023 (until Nov 25) | 24,830 | 2,348 | 9.5% | -29% |
| Source: IAM RoadSmart. Data received from DVLA following FOI request | ||||
Home Office data shows that in 2022, 37,900 drivers in England were issued a fixed penalty notice (FPN), retraining course or faced legal proceedings for illegal phone use – and this is just the number caught by police
The road safety charity asked its members whether they think the current penalty for phone driving is sufficient. Half (51 percent) say this is ‘about right’, while 42 percent think it is too mild.
A paltry 4 percent think the current punishment is too harsh.
The figures are published alongside a separate survey for IAM RoadSmart (members and non-members) which shows that almost two-thirds (62 percent) of drivers believe that driver distraction – such as talking and texting behind the wheel – is now is a bigger problem than motorists. it was three years ago.
A large majority of motorists (80 percent) consider the illegal phone use of others to be a threat to their own personal safety, while a quarter (24 percent) now see it as a top three priority for road police.
In March 2022, the government closed a loophole in the phone law, allowing some drivers to escape punishment earlier for using devices while driving a car.
Several high-profile cases involved convictions of motorists that were overturned on legal grounds. such as taking photos or playing games on their phone is not considered ‘interactive communication’ and therefore not punishable.
Since ministers changed the rules, it has become illegal to touch a device while driving for almost any reason, other than to call emergency services if there is no suitable place to stop or to collect tap-and-pay payments do it at a toll or restaurant drive-thru.
And more recently, police departments have been trying out new AI camera technology that can detect phone use while behind the wheel.
On the prowl: This is the National Highways camera car that has been used in trials to detect road traffic offences, such as holding a mobile phone behind the wheel or not wearing a seat belt. In the first 64 hours of use, 664 drivers were caught: one every six minutes
The hi-tech van has a metal structure with cameras and artificial intelligence attached that can identify motorists who may be breaking the law. It has been trialled at various locations in England over the past two years
Nicholas Lyes, director of policy and standards at IAM RoadSmart, said: ‘Using a handheld mobile phone while behind the wheel is illegal and dangerous and many motorists want police to prioritize enforcement against these offenders.
‘Furthermore, the idea of confiscating phones and paying an extra fine for handing them in has the support of a surprisingly large number of drivers.
‘While we will never see a cop on every corner, the camera technology is already being trialled in some parts of the country and could be rolled out nationally, subject to Home Office type approval and the final findings of the trial.
‘We have seen the tragic consequences of drivers using their phones behind the wheel in high-profile cases such as that on the M66, where a young driver filmed himself driving at catastrophic speeds, resulting in the death of Frankie Jules-Hough and her unborn child. ‘
The road safety group says the government should review the level of fines alongside type-approval of new camera technology to improve detection.
It also urged social media companies to review their own policies and remove content as quickly as possible when drivers post videos of themselves breaking the law.
“Ultimately, we need to break the cycle of adding phones as soon as drivers get behind the wheel, because this is a serious distraction that can have tragic consequences,” Lyes added.
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