Drivers caught illegally using a mobile phone should have their devices confiscated – and then be forced to pay a charge to get them back from the police.

That’s the opinion of one in three motorists polled in a new study who said they would support officers seizing phones from offenders as part of a crackdown on drivers dangerously texting and using them while on the move.

In 2017, the penalty for using a handheld device while driving was increased to £200 and six points (from £100 and three points) – though this is still not proving a deterrent for thousands of road users.

Home Office data shows that 37,900 drivers in England were issued either a fixed penalty notice (FPN), retraining course, or court action for illegal phone use in 2022 – and this is merely those caught in the act by police.

Are penalties for using a phone behind the wheel tough enough? A new study has revealed that a third of motorists would back the idea of the police confiscating devices from offenders

Are penalties for using a phone behind the wheel tough enough? A new study has revealed that a third of motorists would back the idea of the police confiscating devices from offenders

The new research, carried out by road safety charity IAM RoadSmart, polled 2,437 of its members.

It found that 34 per cent backed the idea of police confiscating mobile phones for a short period, with 27 per cent believing offenders should pay to get their phone back – similar to when a vehicle is impounded for not being taxed.

This would be an additional punishment to the existing £200 fine and six-point endorsement.

A further 7 per cent support confiscation but do not think offenders should pay to get their phone back. A small majority (56 per cent) were unconvinced that taking a phone was appropriate.

A third of drivers polled by IAM RoadSmart backed the idea of police seizing phones from offenders for a short period, with 27% believing they should pay to get their phone back

A third of drivers polled by IAM RoadSmart backed the idea of police seizing phones from offenders for a short period, with 27% believing they should pay to get their phone back

The road safety group was compelled to question whether the existing penalties are a powerful enough incentive for drivers to not handle devices when behind the wheel.

Data obtained by IAM RoadSmart via a Freedom of Information (FOI) request to the DVLA shows that 34,738 drivers were issued with a ‘CU80’ endorsement on their licence in 2022 for illegally using a mobile phone at the wheel. 

Worryingly, the same figures illustrate drivers aged between 17 and 24 made up a tenth of those receiving endorsements, despite this age demographic representing just 7 per cent of all licence holders.

NUMBER OF DRIVERS ISSUED CU80 ENDORESEMENTS FOR USING A PHONE 
Year Number of drivers given CU80 (6 points on licence) Number of drivers aged 17-24 given CU80 (6 points on licence) Proportion (aged 17-24) YoY change – all drivers
2022 34,738 3,623 10.4% 75%
2023 (up to 25 Nov) 24,830 2,348 9.5% -29%
Source: IAM RoadSmart. Data received from DVLA following FOI request 
Home Office data shows that 37,900 drivers in England were issued either a fixed penalty notice (FPN), retraining course, or court action for illegal phone use in 2022 - and this is merely the number caught by police

Home Office data shows that 37,900 drivers in England were issued either a fixed penalty notice (FPN), retraining course, or court action for illegal phone use in 2022 – and this is merely the number caught by police

The road safety charity asked its members if they feel the current punishment for driving on the phone is sufficient with half (51 per cent) saying it is ‘about right’, while 42 per cent believe it is too lenient. 

A meagre 4 per cent said the current penalty is too harsh. 

The figures are published alongside a separate survey for IAM RoadSmart (members and non-members) showing almost two-thirds (62 per cent) of motorists believe that driver distraction – such as talking and texting at the wheel – is a bigger problem today than it was three-years ago. 

A large majority of drivers (80 per cent) consider others’ illegal phone use as a threat to their own personal safety, with a quarter (24 per cent) now believing it to be a top-three priority for roads policing.

In March 2022, the Government closed a phone-related loophole which had previously allowed some drivers to escape punishment for using devices while in control of a car. 

Several high-profile cases had seen motorists having convictions overturned on legal technicalities, such as taking pictures or playing games on their phones deemed not to be ‘interactive communication’ and therefore not punishable.

Since ministers changed the rules, it is illegal to handle a device while driving for almost any reason, other than to call the emergency services when there is not an appropriate place to pull over or to make tap-and-pay payments at a toll or restaurant drive-thru. 

And more recently, police forces have trialled new AI camera technology that can detect phone use at the wheel.

On the hunt: This is the National Highways camera van that's been used in trials to detect motoring offences such as holding a mobile phone at the wheel or not wearing a seatbelt. In the first 64 hours of its use, it caught 664 drivers - one every six minutes

On the hunt: This is the National Highways camera van that’s been used in trials to detect motoring offences such as holding a mobile phone at the wheel or not wearing a seatbelt. In the first 64 hours of its use, it caught 664 drivers – one every six minutes

The hi-tech van has a metal structure with cameras and artificial intelligence attached to it that can identify motorists potentially breaking the law. It has been trialled across various locations in England over the last two years

The hi-tech van has a metal structure with cameras and artificial intelligence attached to it that can identify motorists potentially breaking the law. It has been trialled across various locations in England over the last two years 

IAM RoadSmart’s director of policy and standards Nicholas Lyes said: ‘Using a handheld mobile phone at the wheel is illegal and dangerous and many drivers want police forces to prioritise enforcement against these offenders. 

‘Moreover, the idea of confiscation of phones and paying an additional fine for its return has the backing of a surprisingly sizeable number of drivers.

‘While we are never going to see a cop on every corner, camera technology is already being trialled in some parts of the country and could be rolled out nationally subject to Home Office type approval and the final trial findings.

‘We have seen the tragic consequences of drivers using their phones at the wheel in high-profile cases such as that on the M66 where a young driver filmed himself travelling at catastrophic speeds resulting in the death of Frankie Jules-Hough and her unborn child.’

The road safety group says the Government needs to review the fine level alongside type-approving new camera technology to improve detection. 

It also urged social media companies to review their own policies and remove content as soon as possible when drivers post videos of themselves breaking the law.

‘Ultimately, we need to break the cycle of phone addition once drivers get behind the wheel as it is a serious distraction that can have tragic results,’ Lyes added.

This post first appeared on Dailymail.co.uk

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