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Driving whilst using a mobile phone is something which the police are cracking down on since the new law came into force on February 27th 2007. Breach of the new provisions can lead to an on-the-spot fine of £60 plus 3 penalty points, and if it reaches court may result in a fine up to £2,500.
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Definition
Few people realise how wide the law on driving whilst using a mobile phone is. The Road Vehicles (Construction and Use) Regulations 1986 as amended creates three offences as follows:
* No person shall drive a motor vehicle on a road if he is using a hand-held mobile telephone or other hand-held communication device;
* No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using a hand-held mobile telephone or other hand-held communication device
* No person shall supervise a learner driver if the person supervising is using a hand-held mobile telephone or other hand-held communication device at a time when the learner driver is driving a motor vehicle on a road.
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.”
The offence applies if a phone has to be 'held' while making or receiving a call. 'Cradling' a phone by wedging the phone between the ear and shoulder – or anywhere else – constitutes 'holding' a phone.
The prohibitation 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. If your mobile phone rings when you are driving you should let it ring and return the call when safely parked with your engine switched off.
It is worth remembering that "using" a mobile does not just mean talking in to an actual mobile phone. It can include any communication, whether by way of SMS texts, WAP, e-mail, faxes, video/picture/voice/multimedia messaging, and anything over the internet. Furthermore, this communication may be on any device (other than a two-way radio, for which see below) which performs an interactive communication function by tansmitting and receiving data.You will break the law by using a hand-held mobile phone yourself. You will also break the law if you are supervising a learner driver whilst using a hand-held mobile phone.
Furthermore employers should beware as they may break the law by telling or instructing their employees to use mobile phones. No only could employers be prosecuted under the Regulations but they might also commit an offence under the Health and Safety at Work Act 1974.
Exceptions
There are only two limited exceptions to the above offences: |
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