Communications device and methods of communicating via a wireless access interface to perform device-to-device communications

A communications device comprising:

• transmitter circuitry configured to transmit signals to one or more other communications devices via a wireless access interface to perform device-to-device communications,
• receiver circuitry configured to receive signals from the one or more other communications devices via the wireless access interface, and
• controller circuitry for controlling the transmitter circuitry and the receiver circuitry to transmit or to receive the signals via the wireless access interface to transmit or to receive data represented by the signals in accordance with a device to device communication, and the controller circuitry is configured in combination with the transmitter circuitry and the receiver circuitry
• to determine in accordance with predetermined conditions whether the communications device is within a coverage area for transmitting or receiving radio signals using a wireless access interface provided by a mobile communications network, and if the communications device is determined to be within the coverage area of the mobile communications network,
• to transmit or to receive signals via the wireless access interface to one or more other communications devices in accordance with the device to device communications using communications resources of the wireless access interface allocated by the mobile communications network, or if the communications device is determined not to be within the coverage area of the mobile communications network, then
• to transmit or to receive the signals via the wireless access interface to one or more other communications devices in accordance with the device to device communications by accessing the communications resources of the wireless access in accordance with a device to device communications protocol, wherein
• if the communications device is determined to be within the coverage area of the mobile communications network, the controller circuitry is configured in combination with the transmitter circuitry and the receiver circuitry
• to transmit or to receive the signals via the wireless access interface using communications resources of the wireless access interface allocated by the mobile communications network by
• accessing the mobile communications network to receive an allocation of the communications resources of the wireless access interface,
• detecting a failure condition in accessing the communications resources of the wireless access interface, and if the failure condition is detected then transmitting or receiving the signals via the wireless access interface by accessing the communications resources of the wireless access in accordance with the device to device communications protocol.