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motoring offences
updated
16 October 2009
Mobile Phones and Driving
updated
16 October 2009
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". Police are prosecuting
drivers who are simply seen with a phone or a PDA in their hand? Our panel
solicitors have successfully fought and are still fighting such charges -
find out more about using a mobile phone here.
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