Court Motorist’s engine excuse for using phone stalls

ABRISTOL driver who tried to claim that because his car engine automatically switches off when he stops at a traffic light he can use his mobile phone has been found guilty by magistrates.

Joseph Scott was charged with driving while using a mobile phone, after being spotted on his phone behind the wheel in Stapleton Road, Easton, back in April 2022.

The 36-year-old from Muller Road in Horfield would have been liable for the standard £200 fine and six points, but he pleaded “not guilty” and went to a trial that was held before Bath Magistrates.

Scott told magistrates that he was not driving his car and on the phone at the same time, because he had stopped his vehicle at traffic lights on Stapleton Road and the engine had automatically switched itself off with an electronic “stopstart” function.

The case took a year to come to trial with several hearings leading up to it.

Magistrates found Scott guilty, and he was given a £288 fine, ordered to pay £620 in costs, and a victim surcharge of £34 – a total of £942 – as well as six points on his driver’s licence.

The RAC said the case was a cautionary example of how the law on mobile phone use while driving has been tightened in recent years.

“Contrary to what many drivers seem to think, the law still applies when your vehicle is stopped at lights or in heavy traffic,” said an RAC spokesperson.

“If your engine is running, your phone shouldn’t be in your hands.

“This is still the case if the engine stops automatically to save fuel,” they added.