Mobile Phones Mobile phone ownership is on the increase and recent research shows that a number of road incidents can be directly attributed to the use of  mobile phones, either when driving or by pedestrians. When used properly, phones in cars have many benefits, providing valuable security and help in an emergency. However, they are distracting if used while driving, increasing the risk of an accident. Pedestrians using mobile phones often put themselves and others at risk. Talking or texting while crossing the road is distracting and dangerous.

Mobile Phone Law Tough new penalties for using hand held mobile phones came in to on February 27th 2007. Although it’s was already illegal to use a hand held mobile phone whilst driving, the previous penalty was merely a £30 fine and wasn’t endorsable. Three penalty points The offences of using a hand held mobile phone whilst driving and failing to have proper control of a vehicle has now become endorsable. From February 27th 2007 drivers will automatically have their licence endorsed with three penalty points and will receive a £60 fine – double the previous charge. Any cases that reach court could involve discretionary disqualification and a maximum fine of £1,000 - or £2,500 in the case of the driver of a bus, coach or goods vehicle.

Your mobile phone questions answered

Why are the penalties going up?
Research has shown that if you are using a mobile phone whilst driving you are four times more likely to have a crash. Tests have shown that reaction times for drivers using a hand-held phone slows reactions by fifty per cent when compared to normal driving. The use of a mobile phone often involves distractions which could be visual, auditory, mental or physical (Direct Line Mobile Phone Report 2002).

Are there any exceptions?
A driver may call 999 or 112 in response to a genuine emergency. Two-way radios are not covered by this offence but other devices for sending or receiving data – such as Blackberrys for example - are included if they are held while driving.

What is the law about using mobile phones while driving?
It is illegal to drive a vehicle or ride a motorbike and use a hand held mobile phone or similar device. It is also illegal to supervise a learner and use a hand-held phone. Hands-free phones are also a distraction and you risk prosecution for not having proper control of a vehicle if the police see you driving poorly while using one.

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 ‘similar’ to a mobile phone includes a device that can be used for sending or receiving spoken or written messages, sending or receiving still or moving images or providing Internet access.

If you accept a roadside fixed penalty notice, you will receive three points on your licence and a fine of £60. If a case goes to court, in addition to points you could face discretionary disqualification on top of a maximum fine of £1,000 (or £2,500 in the case of drivers of buses, coaches and goods vehicles).                   

Is a driver allowed to use any other equipment, such as a hands-free mobile phone? Why don't you just make it illegal to use all mobiles when driving?
The use of a hands-free phone or other equipment is not specifically prohibited because it is difficult for police to see it in use. However if you drive poorly, because you are distracted by a phone conversation for example, the police can prosecute for failing to have proper control of the vehicle. The same penalty applies – three points and a £60 fine.

If there is an incident or a crash, the use of any phone could be justification for the charges of careless or dangerous driving. The penalties on conviction for such offences include heavy fines, endorsement, disqualification and - in serious cases - imprisonment. Courts are taking a serious view in such cases.

How can a police officer prove that I was using my hands-free or mobile?
If you drive badly and a police officer suspects you have been using your phone he can stop you and seek a reason for the poor driving. If it goes to court your phone records can be checked to determine whether you were using your phone.

When is a driver allowed to use a hand-held phone?
There is an exception for calls to 999 or 112 in a genuine emergency where it would be unsafe or impractical to stop.
Using two-way radio equipment when driving is not a specific offence. However, you need to remember that a conversation could still distract from the concentration needed to drive safely. If you do not have proper control the police can still take action.

What if a mobile phone in my car rings? What if I phone someone who is driving?
Let it ring and return the call when you are able to park in a safe place. It would be better to switch to voicemail before starting your journey.
If you phone someone who is driving say you will phone later and hang up.

What counts as driving?
Driving is using a motor vehicle on public roads and can include when a vehicle is stopped at traffic lights or during a traffic hold-up. Therefore you should not use that time to make or receive a call. Park safely and then use the phone (but not on the motorway hard shoulder).

Must I switch off any phone in my car?
No. Passengers may want to use a phone. If you are driving on your own we advise that if you do not switch your phone off you should switch it to voicemail, message service or call-diversion and ring back when you are safely parked.

What if I use the phone for work?
Employers need to consider the risks associated with using a phone while driving. They should not ask their staff to make or receive calls while driving. Employers could be liable to prosecution if they require or allow employees to use a mobile phone while driving for work.

What about cyclists?
It is not a specific offence to cycle and use a mobile phone but cyclists could be prosecuted by the police for careless or dangerous cycling. Cyclists need to concentrate as much as other road users. They should not do anything that would affect their concentration and put themselves and other road users in danger.


Useful Links
Department for Transport
www.thinkroadsafety.gov.uk