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Q1. What does
the regulation say about hand-held phones?
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Mobile Phones Since 1st December 2003, it is a specific offence to use a hand-held phone, or similar device, when driving. Since 27th February, 2007 the penalty is a £60 fixed penalty or up to £1,000 on conviction in court (£2,500 for drivers of goods vehicles, buses or coaches) and 3 penalty points. Drivers still risk prosecution (for offences such as driving without due care and attention) if they use hands-free phones when driving. |
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Q1.
What does the regulation say about hand-held phones? 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. 2-way radios are subject to special treatment under the regulations. See Q14 below regarding 2-way radios for further information. |
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Q2.
Is hands-free phone equipment allowed? And 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. |
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Q3. What about
texting/internet access/video phones? |
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Q4. Will drivers
still be able to use navigation equipment or personal digital assistants
(PDAs) or other computer equipment that sends or receives data (which
would include GPS transmissions)? But remember the warning in the Highway Code (Rule 128) that using in-vehicle systems can be distracting. You must exercise proper control of your vehicle at all times. |
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Q5. Why are you
not banning the use of hands-free mobile phones while driving? Drivers should remember that the police can still use existing legislation (for failure to have proper control) if a driver is distracted by a call on a hands-free phone. If there is an incident and the driver is using any phone (hand-held or hands-free) or similar device, then there is a risk of prosecution for careless or dangerous driving. |
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Q6. Will mobile phones have
to be switched off in vehicles? No. Passengers may want to use them. And drivers can use them when they are safely parked. |
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Q7. What if the phone
rings when I'm driving? |
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Q8. Who do the new regulations
apply to? They also apply to anyone supervising a learner driver, while the learner driver is driving. Anyone supervising a learner driver needs to be concentrating on what the driver is doing and should not be using a mobile phone. |
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Q9. Do the new mobile phone
regulations apply to cyclists? |
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Q10. Can I use a hand-held
mobile phone when stopped in a traffic jam? In exceptional traffic jams, such as a lengthy stoppage on a motorway, it would be clear that someone wasn't driving if the engine was off.
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Q11. Are
there any exemptions? |
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Q12. Will
I be able to cradle a phone between my ear and shoulder? |
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Q13. Are employers guilty
of an offence if their employees use a hand-held phone while driving?
The Department considers that employers would not be liable just because they supplied a telephone or because they phoned an employee who was driving. However, employers would probably be liable if they required their employees to use a hand-held phone while driving and might also be liable if they failed to forbid employees to use such phones on company business. |
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Q14. Will 2-way radios
be included in the new offence? If a device is a dual or multi purpose device that can be used both as a mobile phone and a 2-way radio, the use of the device while driving or supervising a provisional licence holder is prohibited. Use is prohibited whether the device is being used as a 2-way radio or as a mobile phone. |
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Q15. If you prohibit
using mobile phones, then surely you'll have to stop people talking or
tuning the radio? What powers do the police have? |
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Q16. Is the offence endorsable?
Remember, in some circumstances, for example if there has been an accident, a prosecution for careless or dangerous driving may be justified if a phone was in use at the time of the crash. The penalties on conviction for such offences include heavy fines, endorsement, disqualification and, in serious cases, imprisonment. |
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Q17. Where can I go for more information? You should seek independent legal advice if you are in doubt as to whether any particular action is prohibited by the regulations. You may find the attached flowchart helpful. You may also like to see the letter we issued on 24 June 2003 on the results of consultation on our initial proposals for an offence of using a hand-held mobile phone while driving at the DfT web site by clicking here The legislation is available by clicking
here. Look for Statutory Instrument No 2695 - The Road Vehicles (Construction
and Use) (Amendment)(No 4) Regulations 2003.
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