Legislation on Mobile Phones and Driving
Frequently
Asked Questions
In a new regulation that came into force on 1 December 2003, it is a specific offence to use a handheld
phone, or similar device, when driving. 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
is now prohibited. A handheld 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-way radios are subject to special treatment under the regulations. See
Q14 below regarding 2-way radios for further information.
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. 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.
Q4. Are drivers still able to use navigation
equipment, personal digital assistants (PDAs) or other computer equipment
that sends or receives data (which would include GPS transmissions)?
Yes
- 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, you 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. You must exercise proper
control of your vehicle at all times.
Q5. Why are you not banning the
use of hands-free mobile phones while driving?
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 Legislation
on Mobile Phones and Driving - Frequently Asked Questions 2 careless or
dangerous driving.
Q6. 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.
Q7. 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.
Q8. 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.
Q9. Do the
new mobile phone regulations apply to cyclists?
No. However, the police
have powers to deal with careless or dangerous cycling.
Q10. 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.
Q11. 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 (see Q14 below).
Q12. Am I allowed
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
you should not hold a phone between your ear and shoulder - or anywhere
else - when driving.
Q13. 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 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.
Q14. Are 2-way radios included in the new
offence?
The use of 2-way radio equipment when driving is not included
in the new offence but remember there is still a risk of distraction and
prosecution under other powers.
Q15. If you prohibit using mobile phones,
then surely you'll have to stop people talking or tuning the radio? What
powers do the police have?
We have 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. Legislation on Mobile Phones and Driving
- Frequently Asked Questions 3
Q16. 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, we do 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. We
do not have a timetable for that 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.
Q17. Where can I go for more information?
You should seek independent
legal advice if you are in doubt as to whether any particular action is
prohibited by the regulations. You may find the attached flowchart helpful.
You may also like to see the letter we issued on 24 June 2003 on the results
of consultation on our initial proposals for an offence of using a hand-held
mobile phone while driving,
Click here to view
The legislation is available here
Look for Statutory Instrument No 2695 - The Road Vehicles (Construction
and Use) (Amendment)(No 4) Regulations 2003.
