Drivers must ensure they maintain full attention to the road and their surroundings at all times while driving and do not become distracted by performing other activities. “Driving” has the same meaning as in drivers’ hours and records legislation, ie when the driver is seated at the controls with the engine running, even though the vehicle may be stationary.
While failure to maintain attention could result in an accident and subsequent legal action, drivers may also be prosecuted for driving without due care and attention or without due consideration for other road users even if no accident results. This offence can now be dealt with as a fixed penalty offence with a fine of up to £1000 (£2500 if driving a lorry) and three penalty points endorsed on the licence but may also be dealt with through the courts, where the maximum penalty is a fine of £5000 and endorsement of the licence with between three and nine penalty points.
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