The Commissioner’s Response to the Department of Transport Consultation – Changes to the Fixed Penalty Notice and penalty points for the use of a hand-held mobile phone whilst driving
14th March 2016
Question 1
Do you agree that driving whilst using a hand-held mobile phone is a dangerous activity?
Yes
Question 2
Generally, are you in favour of increased sanctions for this offence?
Yes
Question 3
Do you support an increase in the FPN for this offence?
Yes
Question 4
If so, do you agree that we should increase the FPN from £100 to £150 for all drivers (including HGV)? If not, please explain your reasons why?
Yes
Agree with the proposal that raising the FPN by 50% will demonstrate the seriousness of this offence.
Question 5
Do you support an increase in the Penalty Points for this offence?
Yes
Question 6
If so, do you agree that we should increase the penalty points for non-HGV drivers from 3 to 4 penalty points? If not, please explain your reasons why?
Yes
Agree with the proposal that by raising the penalty points to 4, the number of times a driver has been caught will reduce to three separate occasions. The current DVLA records of 399 drivers with 3 consecutive mobile offences is too high.
Question 7
Do you support a specific offence for drivers of Large Goods Vehicles (HGVs)?
Yes
Question 8
If so, do you agree that a specific offence for Large Goods Vehicle (HGV) drivers who offend whilst driving a HGV should be created which carries 6 penalty points and a £150 FPN? If not, please explain your reasons why.
Yes
Agree with the proposal of a higher penalty point increase from 3 to 6 for HGV drivers as accidents involving HGVs are often fatal.
Question 9
Do you support an increase in both the FPN and Penalty Points for this offence AND a specific penalty for HGV drivers? If not, please explain your reasons why?
Yes
Agree with the proposal that this would send a clear message on the seriousness of the offence as well as reducing the number of times an offender needs to be caught before being disqualified.
Question 10
Do you agree that HGV drivers who commit their first mobile phone offence whilst driving a HGV should be offered a remedial training course as opposed to a FPN? If not, please explain your reasons why?
Yes
Agree with the proposal of encouraging first time offenders who genuinely make a mistake, to opt for remedial training courses but to penalise those who repeatedly offend.
Question 11
What role might the mobile phone industry play in improving road safety? For example, promoting new technology with “drive safe modes”.
The mobile phone industry have a responsibility to make sure the equipment they manufacture allows for safe usage in all aspects of life. They currently have ‘Flight mode enabling ‘and a ‘vehicle drive safe mode’ would I imagine be quite feasible.
The Bluetooth technology currently available to pair the device with hands free technology is widely available so there is no excuse for using devices irresponsibly.
The partnership with Mobile Phone companies and vehicles is becoming more prominent i.e. Google / Apple self-drive so again building safer technologies should be in the design stage.
Question 12
What role might the insurance industry play in improving road safety? For example, promoting new technology with “drive safe modes”.
Insurance companies should promote premium reductions if you can prove drivers have drive safe modes on their devices. Conversely if they don’t have the facility then an increase in premium may occur.
The question as to whether the technology is available should be posed as part of yearly renewals. Any contravention or fraudulent claim would be deemed Insurance Fraud and lead to polices being revoked from point of inception.
Question 13
Do you think it would be beneficial to target new technologies at certain groups of drivers? For example, young drivers, van drivers or those driving for work.
Technologies should be targeted to those groups specified above deemed as ‘high risk users’ again with the right raft of incentives provided by Insurance companies this would not be seen as a punitive attack.
The whole programme should be predicated on ‘Road Safety’ so the marketing would have to have the request impact.
Question 14
What else would you recommend should be done regarding mobile phone offences whilst driving?
Mobile Phones are one of the fatal four in respect of fatal and serious road traffic collisions but should not be taken in isolation.
Mobile technologies within vehicles such as Satellite navigation and entertainment centres are a distraction although not covered specifically in legislation. A greater awareness of these technologies and drivers cognitive skills when driving should be raised.
Car manufacturers should also be targeted so they provide the safest technological solutions, a joint Department for Transport led working group should be the starting point for a cohesive solution to mobile technology usage whilst driving.
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