Driver and Vehicle Licensing Agency
Longview Road
Morriston
Swansea
SA6 7JL
[email protected]
Phone:
01792 783840
Email:
[email protected]
Website:
www.gov.uk/browse/driving
Date:
29 July 2014
Dear Mr Gallagher,
Mobile phone offences by lorry and bus drivers
I am writing to you to seek your help in raising awareness amongst your members of the
dangers of using a mobile phone and other hand-held devices whilst driving, and to inform them
of the new measures in this letter. Studies have shown the use of hand held devices while
driving to be a serious road safety risk. If this happens whilst driving a large vehicle such as a
bus or lorry, the risks are severely increased. The government is introducing a range of
measures to tackle mobile phone use while driving and has recently increased the fixed penalty
for this offence to £100.
In addition to this, DVLA - in partnership with traffic commissioners - will introduce a new
process starting in early September 2014 to proportionately tackle mobile phone use by drivers
of large vehicles. It is important that both drivers and employers understand the change and the
consequences of committing this offence.
Drivers caught using a phone or similar hand-held device while driving may be issued a fixed
penalty by the police. The penalty is £100 and 3 penalty points endorsed on the driver’s record
held at DVLA.
When an endorsement such as this updates the record of a HGV or PSV driver, this will trigger
a warning letter that will inform the driver of the risks of continued use of hand held devices
whilst driving. The letter will advise that as well as the fixed penalty and endorsement they could
be required to attend a meeting with a traffic commissioner. Also, any further offences involving
using a mobile phone in any vehicle would result in an automatic referral to a traffic
commissioner with a view to formally considering the driver’s fitness to hold a vocational licence.
From November 2014, any driver who commits a second or further offence of this nature will
be referred automatically to a traffic commissioner for a conduct review. An outcome of this
review could be a suspension of the vocational entitlement, a feature that would prevent
vocational drivers from being able to carry out their duties and impact on their employers.
As you are aware the standard expected of drivers who hold HGV/PSV vocational licences is
higher than for smaller vehicles. The Secretary of State can request that a traffic commissioner
considers whether or not an individual is fit to hold such an entitlement when offences or
matters of concern are brought to their attention. Traffic commissioners may apply a range of
sanctions including suspension or revocation of vocational driving entitlement. Current guidance
issued by the Senior Traffic Commissioner recommends a starting point of suspension of a
vocational entitlement for using a mobile phone when driving a car, with a longer period of
suspension for those using mobile phones when driving commercial vehicles.
Educating drivers and alerting them to the dangers and consequences of committing such an
offence helps to change behaviour, reduce the number of further offences and prevent further
sanctions. We acknowledge that good operators will already have formal employment policies
which make it clear that using a mobile phone whilst driving is a serious disciplinary matter.
I am sure you will agree that improving road safety, and ensuring professional drivers act
responsibly and legally, is extremely important. I would therefore appreciate it if you could
share this information with your members as widely as possible.
Yours sincerely
Simon Black