What happens if the driver is caught driving in the UK with a "mutual recognition" disqualification in force? The Regulations were amended by the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022 (“the 2022 Regulations) which came into force on 25 March 2022 and widen the scope of the offence to include any use of a hand-held mobile phone or other interactive communication device. Offences relating to use of hand-held mobile phones or other devises Driving disqualifications imposed for an offence arising from such conduct is recognised under the Agreement, even if the actual offence committed is not an offence in the UK. The offence must arise out of one of the above categories. section 161A Highways Act 1980 (lighting fires so as to injure, interrupt or endanger users of a highway); Regulation 110(5A) makes provisions to except the use of the mobile phone or other device to perform a remote-controlled parking function.

If a driver is disqualified in the UK as a result of the recognition of an Irish disqualification, and continues to drive in the UK the driver commits the offence of driving whilst disqualified contrary to section 103 of the Road Traffic Act 1988. Regulation 110(4) specifies that the hand-held devices to which it applies are those (other than two-way radios) which are capable of transmitting or receiving data. “Using”

There is no mutual recognition of penalty points between the jurisdictions, so the UK court cannot take into account Irish penalty points, for totting up purposes. However, the court has a wide discretion, in considering whether to impose discretionary disqualifications in the UK, to consider all mitigating or aggravating factors. The court therefore may consider the driver's licence history generally. This guidance is provided to provide an overview of road traffic practice and procedure for summary offences, as distinct from two other pieces of road traffic guidance, namely:

In Edkins v Knowles (1973) 57 Cr App R 751 the Divisional Court summarised the case-law on the subject of when “driving” ceased: The term 'specified proceedings' refers to a limited range of summary offences for which criminal proceedings may be instituted and conducted by the police.

The term 'motor vehicle' is defined in section 185(1) of the Road Traffic Act 1988 and section 136(1) of the Road Traffic Regulation Act 1984 as "a mechanically propelled vehicle, intended or adapted for use on roads". Section 2 RTOA 1988 provides that the prosecution does not have to comply with section 1 RTOA 1988 if, owing to the presence on a road of a vehicle in respect of which the offence was committed, an accident occurred at the time of the offence or immediately afterwards. However, a notice is still required if the defendant was unaware there had been an accident. The offence is equally serious, whether "use" or "causing or permitting" is involved. There is a clear public interest in prosecuting offenders. Uninsured drivers pose a substantial risk to other road users.

The expression ‘on a road or other public place’ is employed frequently in road traffic legislation. A public place is a place to which the public, or part thereof, have access. Insurance cover is required for the use of a vehicle on a road or a public place. driving a vehicle while under the influence of alcohol or other substances affecting or diminishing the mental and physical abilities of a driver Where the evidence is that the driving was so far below the required standard as to amount to dangerous driving prosecutors should normally charge that offence rather than an offence contrary to section 41D RTA 1988.

Within the UK the DVLA/DVA will apply a "same end date" approach. When the disqualification period ends in the place where the offence occurred, the disqualification will end in the UK on the same date. The driver is committing an offence of "driving whilst disqualified" in accordance with s.103 Road Traffic Act 1988. This means that an individual stopped at a traffic light or held up in traffic could be prosecuted for a mobile phone offence. However, prosecutors should bear in mind that the intention of the legislation is to promote road safety. They should ask whether the use of the phone or other device is in circumstances which might prejudice the driver’s ability to drive safely. Regulation 110(6)(c) provides a non-exhaustive list of actions which amount to “using” a hand-held mobile phone/device. See sections on Dangerous Driving and Driving without Due Care and Attention under Road Traffic - Fatal Offences and Bad Driving.

In cases where there is uncertainty regarding the nature of the device, or dispute about whether it is being used, the alternative offence under section 41(D)(a) of the RTA 1988 (driving in such a position that he cannot have proper control of the vehicle) may be preferred. In some circumstances the evidence may support a charge of careless or dangerous driving depending on the seriousness of the risk posed by the driving. Offences against traffic signs and police signals are dealt with in sections 35, 36, 37 and 163 of the Road Traffic Act 1988. The expression 'traffic sign' is defined in section 64 of the Road Traffic Regulation Act 1984. The offence is one of strict liability – no mens rea is required. Driving/Obtaining a Driving Licence Whilst Disqualified

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There is no specific definition of “drive” or “driving” in the RTA 1989 but section 192(1) provides that (except for the purposes of the offence of causing death by dangerous driving) “drive” and “driver” include anyone in another vehicle acting as steersman. The Crime (International Cooperation) Act 2003 (CICA 2003) now allows for mutual recognition of driving disqualification between the UK and Ireland. The CICA 2003 provides the method by which a driving disqualification imposed in Ireland or in the UK, upon on a UK or Irish resident, or upon the holder of a UK or Irish driving licence, for certain offences will be recognised and given effect in the UK and in Ireland. Categories of driver behaviour Prosecutors should note that the list given at Regulation 110(6)(c) is non-exhaustive and therefore it is not necessary to prove that one of these actions was being carried out, provided that there is evidence that what was done can be properly be described as “using” the phone/device. The term "mechanically propelled vehicle" is not defined in the Road Traffic Acts. It is ultimately a matter of fact and degree for the court to decide. At its most basic level it is a vehicle which can be propelled by mechanical means. It can include both electrically and steam powered vehicles. If an Irish court imposes a disqualification with a 're-test' condition before the disqualification period is lifted, the UK will also require the driver to re-sit their driving test. If an Irish court imposes any other conditions the UK will only be able to impose the disqualification, and not any conditions. Questions and Answers