What are AI traffic cameras:
AI cameras were first trialled in the UK in 2021 and capture high resolution images which can flag the behaviour of motorists behind the wheel. These images are initially filtered and analysed using AI technology, before being reviewed by human decision makers who ultimately determine whether an offence has been committed. The AI technology is capable of highlighting offences including using a mobile phone whilst driving, non-compliance of seatbelt regulations and speeding. Some cameras are bi-directional and so can capture offences committed by drivers passing from either lane.
What is the law on mobile phone use whilst driving?
It has been illegal to use a hand-held mobile phone whilst driving since 2003. The law still applies if you are:
- stopped at traffic lights
- queuing in traffic
- a passenger supervising a learner driver
- using a device that’s offline or in “flight mode”
The law allows drivers to use devices with hands-free access such as Bluetooth headsets or a dashboard holder, providing that the phone is not held at any stage. However, drivers must be aware that if hands-free phone use distracts them from being in full control of the vehicle, they could still be prosecuted for an offence such as driving without due care or attention.
Trials of AI traffic cameras – the data:
In 2023 it was reported that a single free-standing AI road safety camera on the A30 in Cornwall captured 117 mobile phone offences in the first three days of use. A larger scale trial saw multiple AI cameras installed across the Humberside region. These cameras captured 301 offences of drivers using a mobile phone over the course of thirteen days (between 27-31 March 2023; and between 10-17 June 2024). This equates to more than 23 motorists being caught daily using a hand-held phone whilst driving in the region. One can compare this to the national figure for England as reported by the Ministry of Justice which recorded that in 2023 there were an average of 42 offences per day drivers using a phone that resulted in a prosecution.
Whilst the simple detection of an offence must be distinguished from an actual prosecution at court, these statistics give us a clear indication as to the effectiveness of AI cameras. Once their use is expanded nationwide, one would expect a marked rise in the number of convictions for using a mobile phone whilst driving.
What are the consequences of being caught driving whilst using a hand-held mobile phone?
If a fixed-penalty notice is issued to a driver they will be required to pay a fine of £200 and given 6 penalty points on their driving license. Alternatively, the matter could proceed to court where, upon conviction the driver will receive 6 penalty points and face a maximum fine of £1,000 (or £2,500 if the vehicle involved was a bus or lorry).
Once the matter proceeds to the Magistrates’ Court, a driver will have the option to contest the charge or accept the fine and associated penalty points. If a driver receives 12 or more penalty points in a 3-year period they will face losing their license for a minimum of 6 months under the “totting up provisions”. In certain circumstances it may be possible for a driver to avoid such a ban by presenting an “exceptional hardship” argument to the Court.
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