Mobile Phones and Driving

The rules on using a phone while driving

From 1 December 2003 it became a specific offence to use a hand-held mobile phone in a moving vehicle. The penalty was a £30 fixed penalty or up to £1,000 on conviction in court (£2,500 for drivers of goods vehicles, buses or coaches), but no points. However from 27 February 2007 the penalty is now 3 points on your licence and a minimum fine of £60.

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.

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.

But what actually constitutes "using a mobile phone". Are police prosecuting drivers who are simply seen with a phone or a PDA in their hand?

We doubt there are any motorists who are not aware that it is illegal in the UK to use a handheld mobile phone whilst driving your car.

The current penalty for this offence is 3 points on your driving licence and a fine of up to £1,000.

That seems quite clear, but what constitutes "use" of a mobile phone, and exactly when are you deemed to be "driving" your car.

Driving a car

The term "driving" has a very wide definition in motoring law matters. You can generally still be considered to be driving, even if you are stationary, sitting in your vehicle off the road, but with your engine running. Turning off your engine may be enough to prevent a successful prosecution.

If you are stuck in a traffic jam, then again you are still driving your car as far the police are concerned and you open up yourself to prosecution if you use your mobile phone other than through a hands-free kit. Every case is different and it is very difficult to lay down hard and fast guidelines. 

Using a mobile phone

Most policemen believe that if they see you with your mobile phone or PDA in your hand while driving your car, then you have committed the offence of using a mobile phone while driving.

For there to be "use" of the phone there has to be some form of interaction with the device - so looking to see who is calling, or looking up a number, or dialling a number, as well as, of course, speaking or texting someone with it. The act of holding the phone in your hand is not, in our view, enough, on its own, to establish in law that the phone was being used.

It is a matter for the prosecution to prove that you were "using" the phone. This will usually be by way of evidence from an officer who saw you on the phone in your car. But if you can prove that you did not make or receive any calls or texts at the time of the alleged offence, then you may be able to establish that you were merely holding/moving the phone and the offence would not be committed.

Our advice

If you have been reported or charged with using your mobile phone while driving your car, but actually you were not making or receiving a call, or you were not on the move at the time, use our free Find a Solicitor service. Simply complete the short form above, submit it to us and we will get them to contact you.