Caught Using a Phone While Riding

The Joys of Green Lane Riding

Living in the Peak District, I've developed a passion for green lane riding over the past few years. Currently, I’m tackling the Trans Euro Trail (TET), an exhilarating journey that has allowed me to explore some of the UK's hidden gems on two wheels. Many riders, including myself, have opted to use smartphones mounted on their handlebars instead of dedicated SatNav devices. Smartphones are incredibly convenient for downloading GPX files and navigating unfamiliar terrains.

A Routine Stop Turns Sour

A couple of weeks back, after a few hours of riding with a friend on some local lanes, we became separated. I decided to pull over by the roadside to make a quick call to him. As I removed my phone from its mount, unlocked the screen, and began scrolling through my contacts, an unexpected encounter occurred. A police officer pulled up, stopping me in my tracks.

The Officer's Standpoint

As I prepared to make the call, the officer informed me that I was breaking the law. I insisted that I wasn't riding while using the phone and hadn't even pressed the button to initiate the call. In my frustration, I suggested he focus on more pressing policing issues, which did little to appease him. He was adamant, stating that since I was on my motorcycle with the engine running and holding my phone, I was indeed committing an offence. He issued a fixed penalty notice.

Understanding the Law

Given the situation, my anger was palpable. I wholeheartedly support the enforcement of laws against using mobile phones while driving, as it poses significant dangers on the road. However, I believed I had done nothing wrong. I even considered challenging the officer’s interpretation of the law, given my experience as a former magistrate. But would I stand a chance in court?

The Legal Reality

Although I appreciated the risks associated with mobile phone use, my interpretation of the law was misguided. Since 2003, the Road Vehicles (Construction and Use) Regulations 1986 has explicitly stated that using a handheld mobile phone or similar device while driving or riding is illegal. Initially, this law only applied to phones used for 'interactive purposes' like making calls. However, legislation changed on 25 March 2022, broadening the scope to include any use of handheld mobile phones while riding.

Implications of the New Law

• As per the current legal standards, simply holding a smartphone and having the screen lit while riding a motorcycle is against the law.
• The law applies uniformly, whether a rider is on a motorcycle or a driver is in a stationary car.
• If I had safely parked my motorcycle, turned off the engine, and accessed my phone, there wouldn’t have been an issue.

Thus, under the existing laws, the police officer was entirely justified in issuing the penalty notice. If I chose to contest the ticket, I would likely be found guilty as the facts remain clear.

Seeking a Resolution

In light of this, I was advised to accept the fixed penalty offer which includes a fine of £200 and six points on my licence. It’s a quicker and less expensive solution than dragging my case through the courts. Regardless of how eloquently I might argue my case, the facts and the law are unequivocal in this instance.

Final Thoughts

This encounter highlights an important reminder: the laws surrounding mobile phone use while riding are stringent and are enforced with little leniency. As riders, it’s crucial to be aware of these regulations to avoid unnecessary penalties while enjoying the freedom of the open road. Ride smart, stay safe, and ensure that your focus remains on the ride, not your device.