motor car loans > articles

CAR ARTICLE

Mobile phones, driving, and the law

As from 1st December 2003, any motorist caught using a mobile 'phone without a hands-free device became liable for anything from an instant £30 fine up to disqualification and even imprisonment if the call has an adverse affect on their driving.

Here are some Frequently Asked Questions in respect of operating a mobile 'phone while driving:

What is the offence?

As from 1 December 2003, the Department of Transport stated that driving whilst using a hand-held mobile 'phone is a legal offence under the Road Vehicles (Construction and Use) Regulations 1986.

What are the penalties?

Initially, a £30 fine, rising to a maximum fine of £1,000 if the matter goes to court.

Depending on the case, the driver may also be disqualified.

Drivers of goods vehicles or those manufactured or adapted to carry nine or more passengers will face a maximum £2,500 fine, plus possible disqualification and imprisonment.

There are also plans to give drivers three points on their licence each time they are caught holding a 'phone.

Does that mean it is safe to make and receive hands-free calls?

It is not illegal to use a hands-free mobile 'phone while driving, as long as the driver is not distracted by the call and fails to have proper control of their vehicle. Drivers still risk prosecution for failing to have proper control of their vehicle, hands-free phone or not.

Are there any exceptions?

If a driver experiences a genuine emergency where it would have been unsafe to stop, they may not be prosecuted.

Also, 2-way "press to talk" radios used by haulage drivers, taxi drivers and emergency services in contact with base stations are exempt.

What about using a hand held phone while stationary?

Existing law states that a person may be regarded as 'driving' if the engine is running - even if the vehicle is stationary. Therefore, hand-held 'phones should not be used at traffic lights or during short hold-ups.