Mobile Phones

Driving whilst using a mobile phone is something which the police continue to crack down on since the new law came into force on 27 February 2007.

Breach of these provisions can lead to an on-the-spot fine of £60 plus 3 penalty points, and if it reaches court it may result in a fine up to £1,000 (£2,500 for drivers of vans, lorries, buses and coaches).

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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.

It is also a crime to lend a car to someone who is not insured to drive it. You should always check first. Driving without insurance is a serious offence. It attracts a maximum fine of £5,000 plus endorsement of 6 penalty points and a possible discretionary ban of between 2 and 12 months.

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 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. 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) which performs an interactive communication function by transmitting 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. Not only could employers be prosecuted under the Regulations but they might also commit an offence under the Health and Safety at Work Act 1974.

The comments below are general and should not be taken as a definitive statement of the law or procedure. Expert advice should always be sought on this area. We have not attempted to cover all the obligations or legal requirements that may arise when an accident occurs.