Mobile
Phones FAQ
(12/11/2003) The imminent ban
on hands-held mobile phones for drivers has
raised lots of questions - read the Department
for Transport's FAQ below.
In
a new regulation due to come into force
on 1 December 2003, it is a specific
offence to use a hand-held 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 will be
prohibited. 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 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.
Will drivers still be able to use
navigation equipment or 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 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.
Will I be able 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.
Will 2-way radios be included in the new
offence?
The use of 2-way radio equipment (unless
the device can also be used as a phone)
when driving is not included in the new
offence but remember there is still a
risk of distraction and prosecution
under other powers.
If
a device is a dual or multi purpose
device that can be used both as a mobile
phone and a 2-way radio, the use of the
device while driving or supervising a
provisional licence holder is
prohibited. Use is prohibited whether
the device is being used as a 2-way
radio or as a mobile phone.
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.
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.
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