On the 1 March 2017 the Fixed Penalty (Amendment) Order 2017 comes into effect and applies to offences committed on and after that date.
It applies to the use of hand-held mobile telephones and to other hand-held interactive communication devices while driving. The new fixed penalty will be £200 and 6 penalty points and it applies to all categories of driver whether car, van or HGV.
It remains a matter for the police to decide whether a particular offence merits an offer of a fixed penalty or is too serious and needs to go to court.
The Order was made following a consultation by the Department for Transport which concluded on November 2016. The overwhelming majority of responses were in favour of a significant increase in penalty, in many instances higher than the one to be implemented. It is entirely possible that this is something of an interim measure to see if driver behaviour responds to the message and improves. If it doesn’t, sentencing could change again, but for now it’s going to be a case of two strikes and off the road for 6 months.