Hand-held Mobile Phones and Driving
Summary of legal requirements
It has been illegal to use a hand held mobile phone while driving since December 2003. Breaking this law, even if otherwise driving safely, can lead to a £60 fine and three penalty points.
Drivers can be taken to court – maybe because the policeman thinks the offence so bad that a fixed penalty fine is inadequate, or because the driver refuses to accept the fixed penalty. If this happens fines will almost certainly be larger and disqualification is possible.
The maximum fine in a court is £1000, or £2500 if the driver is driving a bus or a goods vehicle.
These offences apply if the driver is seen using a phone. If the driving is bad, or if there is a crash while the phone is being used, drivers can be prosecuted for careless driving, dangerous driving or, if someone is killed, for causing death by careless or dangerous driving.
Fines can be much greater, and prison becomes almost certain if a death is caused.
The Traffic Commissioners can be involved if a commercial vehicle is being driven.
Hands-free mobile phones
While it is an offence to be seen using a hand held phone, regardless of whether driving has been affected, this is not the case for hands free phones.
However, a driver seen not to be in control of a vehicle while using a hands free phone can be prosecuted for that offence. The penalties are the same as for using a hand held phone.
Employers/Callers
Employers may be open to prosecution if:
- they cause or permit an employee to drive while using a phone or to not have proper control of the vehicle
- they require an employee to make/receive calls whilst driving
- an employee drives dangerously because they are using a phone installed by the employer
Cyclists
It's not an offence to cycle and use a hand held mobile phone. However it is possible to be prosecuted for careless or dangerous cycling.
Exemptions
Calls can be made to 999 or 112 in a genuine emergency, provided stopping is unsafe or impractical.
Other devices that send or receive data (for example Personal Digital Assistants) are not exempt. The one exception is two way radios.
Definitions
Hand-held device – 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".
Device – "similar" to a mobile phone if it performs an interactive communication function by transmitting and receiving data.
AA advice
Mobile phones, the law and safety
The law is designed to be practical and enforceable.
Complying with the law does not mean a driver is safe though – in fact there is worldwide evidence that using any sort of phone has a considerable effect on accident risk
While not a specific offence, using a hands free phone can have a major bearing on whether or not a driver is found guilty of careless or dangerous driving.
These offences can carry substantial fines, disqualifications and even imprisonment - jail being almost certain if anyone is killed.
Using a phone in a car
- Don't use a mobile phone held in the hand while driving or while stopped with the engine switched on – it is illegal
- If you have a hands-free phone, stop to make or take a call, or leave it to voicemail. Resist the temptation to talk. If you really must talk keep conversations short and simple. Better still say you will find a safe and legal place to stop and phone back
- Employers should issue specific company advice on mobile phone use as part of their work related road safety policy
Calling a mobile phone user
If you're phoning a mobile phone user, ask:
"Are you driving?"
"Is it safe to talk?"
"Do you want to call me when it is safe to stop?"
4 September 2009