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. When the law was introduced it was made clear that the penalty would be increased from £30 to £60 and three penalty points as soon as the necessary changes could be made in an Act of Parliament.
This has now happened and the new penalty came into effect on 27 February 2007
It will still be possible for drivers to 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 causing death by dangerous driving. Fines can be much greater, and prison becomes a possibility.
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 is 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.
Satnavs and other distractions
It is not a specific offence to use the controls on a satnav while driving. However, if this causes bad driving, or leads to an accident, a driver can be prosecuted for a number of offences. This is also the case for a wide range of other in-car distractions.
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.