Are these driving offences illegal or just dangerous?

Using a mobile

In a recent survey we conducted, we found that nearly 80% believed using their phone while driving to be illegal. There are many reasons why you may feel the need to use your phone will driving as many use their phone for directions or for music while they drive. However, it illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle.

There are exceptions such as making a payment at a drive through or calling 999 for an emergency, however the law still applies if you’re:

• Stopped at traffic lights
• Queuing in traffic
• Supervising a learner driver
• Driving a car that turns off the engine when you stop moving
• Holding and using a device that’s offline or in-flight mode

Eating while driving

There are no laws specifically around eating while driving and yet over 40% of people we surveyed believe it is a driving offence. There is also no rule surrounding drinking soft drinks or tea/coffee while you drive. However, should you spill a hot drink or should any eating or drinking generally distract you while you are driving, you could be charged with careless driving. This carries a maximum penalty of £5,000, three to nine points on your license and a discretionary driving disqualification.

Not wearing a seatbelt

By law, all drivers and passengers must wear a seatbelt when travelling in a vehicle, even when sitting in the back seat. Failure to do so may result in a fine of up to £500. Despite this, only 52.72% of drivers aged 17-24 consider this a driving offence.

There are a few exceptions to the seatbelt law, you do not need to wear a seat belt if you are:

• A driver who is reversing, or supervising a learner driver who is reversing
• In a vehicle being used for police, fire and rescue services
• A passenger in a trade vehicle and you’re investigating a fault
• Driving a goods vehicle on deliveries that is travelling no more than 50 meters between stops
• A licensed taxi driver who is looking for customers either by being hailed in the street or by waiting at a taxi rank (known as ‘plying for hire’)
• A licensed taxi driver or a driver of a private hire vehicle who is carrying passengers
• Private hire vehicles include minicabs, chauffeur services or limousines.

Unrestrained pet

Less than 50% (48.17%) of those surveyed thought driving with an unrestrained pet was a driving offence. However, Rule 57 of the highway code says, “When in a vehicle make sure dogs or other animals are suitably restrained so they cannot distract you while you are driving or injure you, or themselves, if you stop quickly. A seat belt harness, pet carrier, dog cage or dog guard are ways of restraining animals in cars.” Pets are not allowed to be in the front of the car.

While there is no direct penalty for breaking the highway code, you could still be stopped for 'driving without due care and attention', which could mean three to nine points on your license.

If you are in a collision and your pet is found to be a cause or contributing factor, your can insurance may be invalid.

We are here to help

Road collisions can happen anytime and can be caused by anything, illegal or not. If you are involved in a road traffic collision, whether as a driver, passenger or pedestrian, it can be a life changing event. Our legal experts are here to help you get the rehabilitation, compensation and to support your needs following a road traffic collision. Contact us today.