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Driving with Mobile Phones Legislation

Q1. What does "hands-free" actually mean with regards to this new law?
Q2. Can I cradle a phone between my ear and shoulder?
Q3. Can I use it in my hand while I'm stuck in traffic or at a set of traffic lights?
Q4. Can I use a PDA, GPS Navigation or other electronic device?
Q5. So, I can send text messages as long as I'm not actually holding the phone/device?
Q6. Can I hold my phone in an emergency?
Q7. Who do the new regulations apply to?
Q8. What about two-way radios? Surely the law applies here too?
Q9. What is the penalty for driving while holding a mobile phone?
Q10. How can I use my phone and not break the law?
 

Did you know it is now an offence in the UK to use a handheld mobile phone or handheld communication device such as a PDA while driving? And you could face a hefty fine if caught. You could also be prosecuted if you use a mobile phone hands-free while driving and it is deemed that you do not have proper control of your vehicle.

If you're confused as to what constitutes "hands-free" use of a mobile, or what other mobile devices are affected by this new law, our easy-to-digest 10-point FAQ is here to help.


Q1. What does "hands-free" actually mean with regards to this new law?

Using your mobile phone (or other electronic device) "hands-free" means that you are using the phone without physically holding it. The sorts of uses covered by the new law include all normal uses of your mobile phone, including making/receiving calls or sending/receiving data such as text messages, picture files or e-mails.

As long as you are not holding the device, i.e., it's in a cradle, or in your pocket, then you can use it while you're driving. If the phone is in a cradle and you are using a hands-free device, you can press a button on the phone to pick-up a call. But as soon as you physically hold the phone, even if it is for one second, you will be breaking the law.

Do be aware that even if you use a mobile phone hands-free, you could still be prosecuted if it is deemed that you do not have proper control of your vehicle. If you have an accident, the fact that you were using any mobile phone or similar device, even hands-free, might be used to justify charges of careless or dangerous driving.

Q2. Can I cradle a phone between my ear and shoulder?

No, you can't--this is classed as holding the phone, as is any other way of holding the phone with your body.

Q3. Can I use it in my hand while I'm stuck in traffic or at a set of traffic lights?

No. Whether the car is moving or not, if the vehicle engine is running, you would still be breaking the law if you used your phone while holding it. However, if you were stuck for a lengthy period in a traffic jam on a motorway and your engine was switched off, then you can hold the phone to make a call.

Q4. Can I use a PDA, GPS Navigation or other electronic device?

As long as the device isn't being held, then yes, you can use it.

Electronic devices that can not send and receive data electronically (such as digital audio players) are not covered by this new law.

Again, be aware that, in either case, you could still be prosecuted for use of these devices if it is deemed that you do not have proper control of your vehicle.

Q5. So, I can send text messages as long as I'm not actually holding the phone/device?

Yes. The law only applies to phones/electronic devices that are being held. So pressing buttons on a phone or tapping on a PDA screen while it is in a cradle is not covered by the new law.

Q6. Can I hold my phone in an emergency?

Yes, if it is a genuine emergency and you need to make a call to 999 (or 112) and it is unsafe or impractical to stop.

Q7. Who do the new regulations apply to?

This new law applies to drivers of all motor vehicles including cars, goods vehicles, buses, coaches, taxis and motorcycles. It also applies to anyone supervising a learner driver, while the learner driver is driving.

Q8. What about two-way radios? Surely the law applies here too?

Two-way radios, other than those that can also be used as a telephone, are exempt from this new law. Again, there is still a risk of distraction and you could be prosecuted under existing laws.

If you hold a dual or multi-function device that is capable of making/receiving telephone calls while driving, even if you are not using it as a telephone you would be breaking the law.

Q9. What is the penalty for driving while holding a mobile phone?

The penalty for committing this offence is a £30 fixed penalty fine or up to £1,000 if the conviction goes to court. There are plans to later increase this to 3 penalty points and a £60 fixed penalty. Drivers of goods vehicles, coaches or buses could face a fine of up to £2,500. Also, drivers can be prosecuted if they use a phone hands-free while driving and it is deemed that they do not have proper control of their vehicle. If you have an accident, the fact that you were using any mobile phone or similar device, even hands-free, might be used to justify charges of careless or dangerous driving.

Q10. How can I use my phone and not break the law?

If you do need to use your phone while driving, invest in a
hands-free kit for your mobile phone. If your mobile phone is Bluetooth compatible, then it is recommended that you invest in a Bluetooth wireless headset.

 

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