Using a mobile phone whilst driving – the law

Legislation banning the use of hand-held mobile phones whilst driving was brought in on the 1st December 2003 under The Road Vehicles (Construction and Use) Regulations 2003.

What is a “hand-held mobile phone”?
It does not just apply to mobile phones, it is also applicable to other communication devices where there is data being transmitted and received, although 2-way radios are exempt. The term “hand-held” also applies to mobile phones being held between the shoulder and the ear or through any other method where the phoneneeds to be held at some point during the call.

To whom does the legislation apply?
The legislation covers car drivers and motorcyclists, although cyclists are not included. However, if a cyclist behaves dangerously whilst using a mobile phone, they can be charged with careless or dangerous cycling.

What if I have to make a call?
If you need to make an emergency call and you are unable to stop, it is permissible to use a hand-held mobile phone to call 999 or 112 whilst driving.

If drivers need to make or take any other type of phone call whilst driving, their only option is to use a hands free kit. However, these are still considered to be very distracting, with studies showing that motorists are 4 times more likely to have a car accident whilst using a hands free mobile phone.

What is the punishment?
If you are caught using a hand-held phone whilst driving a car, you can be issued with a fixed rate penalty of £30. If you refuse to pay this and the matter goes to Court, your fine can be increased up to a maximum of£1,000. Lorry, van, bus and coach drivers can be fined up to £2,500 in Court.

There may be additional charges if you are deemed to not be in control of your vehicle or you were involved in an accident, and these could result in a fine, penalty points or a ban, and even prison.

The safest solution is not to use your mobile phone at all whilst driving. By using one, yourisk your own safety and that of those around you because you cannot devote all of your concentration to the task of handling a powerful and potentially dangerous vehicle. You may also risk a criminal conviction, which may affect your job, car insurance, and ability to hire vehicles. Read more about motoring convictions.

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