Motoring offences lawyer says there is no point in creating unenforceable laws, as MPs call for ban on hands-free phone use while driving

A Solicitor who specialises in motoring offences has said that there is no point in creating unenforceable laws, after a cross-party group of MPs called for a ban on the use of hands-free phones while driving.

Jeremy Sirrell, a Partner at Palmers Solicitors, which has offices in Basildon, Rayleigh, Thurrock and South Woodham Ferrers in south Essex, said it was extraordinary that MPs would propose a measure that they concede would be difficult to enforce.

“One can only wonder what the Transport Select Committee think the criminal law is for, if it is not to be enforced. Imposing a criminal sanction on any activity is a serious step and should be thought through carefully.

“Something being regarded as bad or inadvisable should not automatically mean that a law is passed against it,” said Jeremy.

He added that it would be almost impossible for anybody to know whether a driver is talking to themselves, singing along to the radio or speaking to a passenger.

“Imposing laws that cannot be enforced could simply undermine drivers’ regard for road traffic laws.

“The legal position is already that if using a phone hands-free leads to a collision, then the driver concerned can be charged with an offence, usually of careless or dangerous driving.

“Instead of proposing unenforceable laws, the Transport Select Committee might be better advised to overhaul the law in relation to mobile phones completely, the current law being drafted before the invention of the smartphone and so is hopelessly out of date,” said Jeremy.