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New mobile phone and driving legislation

New laws introduced on 1st December 2003 mean it is now an offence to hold a mobile phone whilst driving in England, Wales and Scotland. This offence will result in a £30 on the spot fine, and could lead to a £1000 fine, should the case go to court.

The CarHandsFreeKit.co.uk recommends that customers never hold a mobile phone whilst driving. Should you wish to use a phone whilst driving we recommend you use a fully fitted car kit.

However, as a minimum measure, you can use a hands-free kit and a clip-on, or magnetic, in-car holder in which to store your phone whilst driving. This will ensure that at no point will you have to hold the handset whilst at the wheel.

Questions? ......... Then read on

• What exactly is the new legislation
• Is hands-free phone equipment allowed?
• What about texting/internet access/video phones?
• Will drivers still be able to use navigation equipment or personal digital assistants (PDAs) or other computer equipment that sends or receives data (which would include GPS transmissions)?
• Why is the use of hands-free mobile phones while driving not being banned?
• Will mobile phones have to be switched off in vehicles?
• What if the phone rings when I'm driving?
• Who do the new regulations apply to?
• Can I use a hand-held mobile phone when stopped in a traffic jam?
• Are there any exemptions?
• Will I be able to cradle a phone between my ear and shoulder?
• Are employers guilty of an offence if their employees use a hand-held phone while driving?
• If the use of mobile phones whilst driving is prohibited, then surely you'll have to stop people talking or tuning the radio? What powers do the police have?
• Is the offence endorsable?
  

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Click here for full details on the new driving legislation.

Frequently Asked Questions

The below frequently asked questions and answers are taken from the Department for Transport's website, which can be found at www.dft.gov.uk

1. What exactly is the new legislation?
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.

2. 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 motorists don't hold the phone.

However, hands-free phones are also distracting and drivers 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 they 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.

3. What about texting/internet access/video phones?
The use of a mobile phone or similar device for any of these activities while driving is also prohibited if the phone (or other device) has to be held in order to operate it.

4. Will drivers still be able to use navigation equipment or personal digital assistants (PDAs) or other computer equipment that sends or receives data (which would include GPS transmissions)?
The new legislation allows this, providing that it is not a hand-held device. Use of devices other than mobile phones are only prohibited if the device performs an interactive communication function by sending and receiving data. If the device does not perform this type of function, drivers can use the device without breaching the regulations.

But remember the warning in the Highway Code (Rule 128) that using in-vehicle systems can be distracting. Motorists must exercise proper control of their vehicle at all times.

5. Why is the use of hands-free mobile 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.

6. 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.

7. 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.

8. Who do the new regulations apply to?
The new regulations apply to the drivers of all motor vehicles on the road, including cars, motorcycles, goods vehicles, buses, coaches and taxis. They also apply to anyone supervising a learner driver, while the learner driver is driving. Anyone supervising a learner driver needs to be concentrating on what the driver is doing and should not be using a mobile phone.

9. Can I use a hand-held mobile phone when stopped in a traffic jam?
The prohibition applies when driving. Driving includes times when stopped at traffic lights or during other hold-ups that may occur during a typical journey when a vehicle can be expected to move off after a short while. In exceptional traffic jams, such as a lengthy stoppage on a motorway, it would be clear that someone wasn't driving if the engine was off.

10. 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. There is also an exemption for the use of 2-way radios (used by ambulances).

11. Will I be able to cradle a phone between my ear and shoulder?
No. The offence applies if a phone has to be "held" while making or receiving a call. Therefore drivers should not hold a phone between their ear and shoulder - or anywhere else - when driving.

12. Are employers guilty of an offence if their employees use a hand-held phone while driving?
The new regulations apply to "anyone who causes or permits any other person" to use a hand-held mobile phone while driving. The Department for Transport considers that employers would not be liable just because they supplied a telephone or because they phoned an employee who was driving. However, employers would probably be liable if they required their employees to use a hand-held phone while driving and might also be liable if they failed to forbid employees to use such phones on company business. At The Carphone Warehouse, for example, using a hand-held mobile phone whilst driving is a disciplinary offence that can result in dismissal.

13. If the use of mobile phones whilst driving is prohibited, then surely you'll have to stop people talking or tuning the radio? What powers do the police have?
The Department for Transport has no such intentions. There are many potential distractions while driving and it remains the driver's responsibility to drive safely at all times. Research shows that it is more distracting to talk on a mobile phone than to have a conversation with a passenger who can see what is happening.

14. 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, the Department for Transport does plan 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 available for 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.

Read a report on how using a mobile phone can distract your driving here