Mobile Phones and Driver Legislation

There are a number of things which as drivers on the roads in the United Kingdom we are not permitted to do; one of these is drive whilst using a mobile telephone.

When Did the Legislation Change?

The legislation regarding the use of mobile phones in motor vehicles changed on the 1st December 2003. Prior to this it was not illegal to use mobile phones whilst driving allow it was frowned upon by the police and the Highways Agency.

What Does the Change in Legislation Mean?

The change in the legislation means that it is now illegal to use a mobile phone handset whilst in charge of vehicle i.e.: when the vehicle is in movement. This means that if you are pulled over by the police for using a mobile phone whilst driving you immediately have three points put onto your driver’s licence and are also liable to pay a fine which can range from £30 up to a maximum of £2500.

The Use of Hands Free Kits

The change to the legislation does not apply to hands free kits so you may still use one providing this means exactly that. If you are using a Bluetooth device or a mobile phone in a cradle in your car then this is acceptable although the police and Highways Agency would still prefer that you pull over to the side of the road to take any calls as they can still cause the driver a distraction.

As some individuals have tried to flout the law it is worth noting that cradling a mobile phone between your neck and shoulder does not constitute hands free so this is considered to be breaching the law and you are liable to the same penalties as you would if you held the phone in your hand.

Texting Whilst Driving

This is a definite no; you should not be attempting to send or read text messages whilst you are driving as this is (a) a distraction visually and (b) a distraction in the use of your hands to control the vehicle you are in charge of.

Using Radios to Communicate

This is an exception to the legislation that allows vehicle drivers to use two way radios to communicate providing the radio does not also double up as a mobile telephone. This allows couriers, ambulance drivers and other emergency service personnel to communicate as well as drivers of private taxi cabs.

General Advice

Although you may think this legislation applies simply to the use of mobile phones it also applies to anything that may distract the driver from controlling the vehicle to his or her’s best ability. Such items as drink cartons, sandwiches, other edible goods and indeed anything held in the hand which may detract from controlling the wheel are considered to be illegal and as such you may be penalised if you are caught in the possession of such things.

You should know that in long traffic jams, providing you have switched your engine off, you may use your mobile phone but only for brief calls. This does not allow for long conversations to take place whilst waiting for the traffic to move but simply allows for calls that are unavoidable.

It is advised that where possible you use a hands free kit or simply do not answer your mobile phone for the duration of your journey unless you are prepared to pull over and stop. It’s important to remember that there have been many accidents and indeed deaths caused as a result of drivers whose attentions have been distracted through the use of mobile phones.