A DRIVER who was caught using his mobile phone while driving a Citroen Berlingo on the A65 at Coniston Moor has escaped a driving ban under the totting up prodecure after a successful hardship claim.

Matthew Jennings, 34, of Mill Close, Settle, was caught using the device on June 14 last year, He admitted the offence at Harrogate Magistrates' Court on February 22.

Jennings said he needed his driving licence as he was a self-employed renderer and did sub-contract work for a company in Wakefleld. He said work in Wakefield was very limited and rguarly travelled to other areas particularly Manchester, and Liverpool to obtain work. 

Jennings said his partner was pregnant and would be going on maternity leave in Seoptember but would not receive maternity pay. He said the family could manage on his income if he was not disqualified.

He added he had a daughter from a previous relationship who he had 50/50 custody of but who lived 40 miles away.

Magistrates accepted his exceptional hardship claim and instead fined him £200 for the offence. He was also ordered to pay costs of £90 and a surcharge of £34.

His driving record was endorsed with six penalty points.