Driving and mobile phones
Despite the fact that laws on driving and mobile phones have been in place for a matter of years, some people still seem to be unclear on what exactly the rights and wrongs are, and many still flout the law.
So what is the law when it comes to driving and using mobile phones? The law says that it is illegal to drive a vehicle, or ride a motorbike, and use a hand-held mobile phone or similar device at the same time. The law also says it is illegal to supervise a learner and use a hand-held phone. It’s also illegal to make mobile calls while your vehicle is stopped at traffic lights, or during a traffic hold-up.
A device ‘similar’ to a mobile phone might include a device that can be used for:
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Sending or receiving spoken messages
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Sending or receiving written messages such as emails and SMS texts
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Sending or receiving moving images
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Providing internet access
The law also deems hands-free phones a distraction, and says that the driver risks prosecution for not having proper control of a vehicle, if the police see them driving poorly while using a hands-free phone. However, this is not to say that it's illegal to use a hands-free phone while driving.
The penalty
Drivers caught driving and using a mobile phone may be faced with a roadside fixed penalty notice, which is three points on their licence and a fine of £60. The same penalty applies to a driver using a hands-free phone and driving badly.
If a case goes to court, in addition to points, they could face discretionary disqualification on top of a maximum fine of £1,000, or £2,500 in the case of drivers of buses/coaches and goods vehicles.
Phones and accidents
Courts take a serious view of drivers who are involved in accidents where mobile phones are considered to have contributed to the situation. If there is an incident or a crash, the authorities consider the use of any phone to be justification for the charges of careless or dangerous driving.
The penalties on conviction for these offences are far heavier than being caught driving and chatting on the mobile. They include heavy fines, endorsement, disqualification and, in serious cases, imprisonment.
Can do
There are a couple of exceptions to using a mobile phone when driving. These are for calls to 999 or 112 (the single emergency telephone number for the European Union) in a genuine emergency, where it would be unsafe or impractical to stop. In addition, using two-way radio equipment when driving is not a specific offence.
Safe driving
You can:
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Allow passengers to make and receive mobile calls
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Use the hand-free set, but make sure you drive well
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Put your mobile phone on voicemail and ignore it while driving
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Park safely and then use the phone
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Cycle and use the phone, as long as it does not cause careless or dangerous cycling
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