Mobile phones and driving
Since 1st December 2003, it has been illegal to use a hand-held mobile phone when driving, even when you are stopped at traffic lights or in a queue of traffic. This includes making or receiving calls, pictures, text messaging or accessing the Internet. You must pull over to a safe location.
The message is very simple, risk using a hand-held mobile phone when driving, and you risk a fine. A fine of £30. This can be increased to a maximum of £1000 (£2,500 for drivers of vans, lorries, buses and coaches) if the matter goes to court.
What the new regulations cover
The use of a hand-held phone or similar hand-held device while driving will be prohibited. A handheld 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". Mobile phones that sit in a fixed cradle will not be prohibited.
A device is "similar" to a mobile phone if it performs an interactive communication function by transmitting and receiving data. Examples of interactive communication functions are sending and receiving spoken or written messages, sending or receiving still or moving images and providing access to the internet.
Two way radios are subject to special treatment under the regulations.
Hands-free phone equipment
Provided that a phone can be operated without holding it, then hands-free equipment is not prohibited by the new regulation.
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.
Texting, internet access and video phones
The use of a mobile phone or similar device for any of these activities while driving is also prohibited if the phone (or other device) has to be held in order to operate it.
Additional information on the new legislation can also be found on the following websites :-http://www.dft.gov.uk/stellent/groups/dft_rdsafety/documents/page/dft_rdsafety_025216.hcsp
