Impending changes to mobile phone legislation – which will outlaw nearly all hand held use when driving – will do little to prevent accidents and fatalities, the country’s leading road traffic lawyer has warned.
Nick Freeman believes the Government has committed a huge error in still allowing motorists to use a hands free phone when driving. Since making and receiving calls this way still presents a massive distraction to drivers.
He says: “The Government maintains it wants to strengthen existing law. But hands free phones are no less of a distraction than hands held and still pose a greater level of distraction than drink driving. This means the chances of you having an accident using hands free increases four-fold. The stakes are just too high. I simply don’t understand why a Government which trumpets an agenda of so-called road safety fails to acknowledge this. The Government had a duty to have an honest conversation with motorists and explain that in the event of an accident it will make no difference in terms of a potential custodial sentence if the driver was hands held or hands free at the time.”
The lawyer – known as Mr Loophole for his ability to win high profile cases on legal technicalities for clients such as David Beckham – also feels the Government should have seized the opportunity to create a new offence for motorists who cause fatal accidents when using their hand held phones behind the wheel.
“The legislation needs to change to include a specific charge of ‘using a mobile phone and causing death by driving’ – with a maximum life sentence. Motorists found guilty of killing people when driving and using their phones are usually charged with causing death by dangerous driving, which has a maximum custodial sentence of 14 years, though in practice sentences are much shorter.”
Earlier this week lorry driver Nicholas Liever, who was texting at the wheel before his wagon ploughed into three other vehicles and killed a nurse, was jailed for four years after pleading guilty to the charge – a sentence Mr Freeman says is ‘”insulting”.
He said: “The defendant will be out in two years – how is this to act as a deterrent? It’s why we need to urgently change the law.”
In 2020, 17 people were killed, 114 people were seriously injured, and 385 were slightly injured in road traffic accidents in Great Britain where the driver was using a mobile phone.
Since 2003, it’s been an offence to use a hand-held mobile phone or similar hand-held device while driving in Great Britain The offence (under Regulation 110 of the Road Vehicles (Construction & Use) Regulations 1986) is specified as using a hand-held devices for ‘interactive communication’: principally phone-calls and messages or accessing the internet when driving. But from March 25th handling the phone at the wheel under virtually any circumstance – from scrolling through photographs, browsing a playlist or recording a message – will be banned. Anyone caught using their phone in a hand-held fashion while behind the wheel will face a £200 fixed penalty notice and six penalty points on their licence.
It’s a move which aims to close a so-called loophole which currently has allowed drivers to escape prosecution if proven to be using their phones for a non-interactive communication
Ironically Mr Freeman famously got Jimmy Carr cleared of allegedly using his mobile at the wheel after he told the court his client was not making a call, but using the phone to record a joke.
Most recently Frank Lampard was cleared of using his phone since the prosecution could not prove the football manager was actually driving when spotted behind the wheel of his car holding his mobile phone in one hand and a coffee cup in the other.
However Mr Freeman says banning all use of mobiles including hands free is the only way to make a difference since it stigmatises the practice, and would dramatically cut down usage so reducing the number of accidents and fatalities.
“ We need to create a social stigma and to educate. The Government needs to say any use of a mobile phone in a car should be outlawed – including hands free and resting in a cradle (except for contacting the emergency services). In fact what we need is a campaign to get drivers to switch off their phones before they switch on the ignition. And the law needs to be much tougher for those who transgress.”
Speaking about forthcoming changes to the law, transport secretary Grant Shapps said: “By making it easier to prosecute people illegally using their phone at the wheel, we are ensuring the law is brought into the 21st century while further protecting all road users.”
However, Mr Freeman added: “I think the transport secretary is being disingenuous and misleading and is obscuring the truth from the public.
“I simply fail to see why Grant Shapps won’t take the ultimate leap in banning all use of phones – handheld and hands free – behind the wheel. We have a serious problem on our roads that is being inadequately policed. The new policy is being introduced in a fanfare of concern about road safety, When in reality, phones remain as dangerous as ever. “
About Freeman & Co.
Freeman & Co. are a specialist firm of road traffic and criminal defence solicitors based in Manchester but with nationwide coverage.
Freeman & Co. specialise in a wide variety of road traffic cases, ranging from drink driving, speeding and mobile phone offences, to name but a few.
The firm was created by Nick Freeman, who has been dubbed “Mr Loophole” by the press for his technical legal ability and robustly challenging the prosecution.
Nick is well regarded as an expert road traffic lawyer and has successfully represented many high profile clients for a variety of motoring offences as well as criminal offences.
The firm of Freeman & Co. embodies the way Nick works, with minute attention to detail and challenging the prosecution at every turn.
If you are facing a road traffic matter or criminal offence and need the services of Freeman & Co. please call on 0161 236 7007.
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