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Mobile Phones

Phones in cars can have many benefits. They provide security and help in an emergency. However, they are distracting if used when driving and this increases the risk of a crash. It is hard to do two things at once and to drive safely you must concentrate on the road.

In a new regulation that came into force on 1 December 2003, it is a specific offence to use a hand-held phone, or similar device, when driving, even when you are stopped at traffic lights or in a queue of traffic. This includes making or receiving calls, pictures, text messaging or accessing the Internet.

The penalty is a £30 fixed penalty or up to £1,000 on conviction in court (£2,500 for drivers of goods vehicles, buses or coaches). Drivers still risk prosecution for failure to have proper control if they use hands-free phones when driving.

Q1. What does the regulation say about hand-held phones?

The use of a hand-held phone or similar hand-held device while driving will be prohibited. A hand-held device is something that ‘is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function’.

A device is ‘similar’ to a mobile phone if it performs an interactive communication function by transmitting and receiving data. Examples of interactive communication functions are sending and receiving spoken or written messages, sending or receiving still or moving images and providing access to the internet.

Q2. Is hands-free phone equipment allowed?

Provided that a phone can be operated without holding it, then hands-free equipment is not prohibited by the new regulation. And pushing buttons on a phone while it is in a cradle or on the steering wheel or handlebars of a motorbike for example is not covered by the new offence, provided you don’t hold the phone.

However, hands-free phones are also distracting and you still risk prosecution for failing to have proper control of a vehicle under Regulation 104 of the Road Vehicles (Construction and Use) Regulations 1986 if you use a hands-free phone when driving. If there is an incident, the use of any phone or similar device might justify charges of careless or dangerous driving.

Q3. Why is the use of hands-free mobiles phones while driving not being banned?

Using any type of phone while driving is distracting. Drivers should remember that the police can still use existing legislation (for failure to have proper control) if a driver is distracted by a call on a hands-free phone. If there is an incident and the driver is using any phone (hand-held or hands-free) or similar device, then there is a risk of prosecution for careless or dangerous driving.

Q4. Will mobile phones have to be switched off in vehicles?

No, passengers may want to use them. And drivers can use them when they are safely parked.

Q5. What if the phone rings when I’m driving?

Let it ring and return the call when safely parked. Better to switch to voicemail before starting.

Q6. Are there any exemptions?

Yes. There is an exemption for calls to 999 (or 112) in genuine emergencies where it is unsafe or impractical to stop.

Q7. Is the offence endorsable?

No. The offence is subject to a £30 fixed penalty or maximum fine of £1000 for conviction in court (maximum of £2,500 for drivers of goods vehicles or buses/coaches).

However, there are plans to increase the penalty for the new offence by making it subject to 3 penalty points and a £60 fixed penalty. Primary legislation will be needed for this when a suitable opportunity arises to amend Schedule 2 of the Road Traffic Offenders Act 1988. There is no timetable to this yet.

Remember, in some circumstances, for example if there has been an accident, a prosecution for careless or dangerous driving may be justified if a phone was in use at the time of the crash. The penalties on conviction for such offences include heavy fines, endorsement, disqualification and, in serious cases, imprisonment.

Advice for Employers

• Do not ask your staff to make or receive calls when they are driving.
• As an employer you may also be prosecuted if you require your employees to use a mobile phone when driving.
• If it is essential for your staff to be contacted when they are driving, tell them to use voicemail, a message service or call diversion and to stop regularly to check messages and return calls.

Please click on the website link to the right of this page for more information about the mobile phone law.