FAQ Mobile Phones, Driving and the Law
Frequently Asked Questions About Mobile Phones, Driving and the Law
What does the law say about hand-held phones?
Is hands-free phone equipment allowed?
What about texting/internet access/video phones?
Are drivers still able to use navigation equipment, personal digital assistants (PDAs) or other computer equipment that sends or receives data (which would include GPS transmissions)?
Why has the Government banned the use of hands-free mobile phones while driving?
Do mobile phones have to be switched off in vehicles?
What if the phone rings when I'm driving?
Who does the law apply to?
Do the mobile phone laws apply to cyclists?
Can I use a hand-held mobile phone when stopped in a traffic jam?
Are there any exemptions?
Am I able to cradle a phone between my ear and shoulder?
Are employers guilty of an offence if their employees use a hand-held phone while driving?
Are two-way radios included in the offence?
Is the offence endorsable?
Where can I go for more information?
What does the law say about hand-held phones?
The use of a hand-held phone or similar hand-held device whilst driving is prohibited. A hand-held 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'. 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. See below regarding two-way radios for further information.
Is hands-free phone equipment allowed?
Provided that a phone can be operated without holding it then hands-free equipment is not prohibited by the new regulation. 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.
What about texting/internet access/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.
Are drivers still able to use navigation equipment, personal digital assistants (PDAs) or other computer equipment that sends or receives data (which would include GPS transmissions)?
Yes - providing that it is not a hand-held device. Use of devices other than mobile phones is only prohibited if the device performs an interactive communication function by sending and receiving data. If the device does not perform this type of function you can use the device without breaching the regulations. 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.
Why has the Government banned the use of hands-free mobile phones while driving?
Using any type of phone while driving is distracting. 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.
Do 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.
What if the phone rings when I'm driving?
Let it ring and return the call when safely parked. Better to switch to voicemail before starting.
The law applies to the drivers of all motor vehicles on the road including cars, motorcycles, goods vehicles, buses, coaches and taxis. 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.
Do the mobile phone laws apply to cyclists?
No. However, the police have powers to deal with careless or dangerous cycling.
Can I use a hand-held mobile phone when stopped in a traffic jam?
The prohibition applies when driving. Driving includes times when stopped at traffic lights or during other hold-ups that may occur during a typical journey when a vehicle can be expected to move off after a short while. 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.
Yes. There is an exemption for calls to 999 (or 112) in genuine emergencies where it is unsafe or impractical to stop. There is also an exemption for the use of two-way radios (see below).
Am I able to cradle a phone between my ear and shoulder?
No. The offence applies if a phone has to be 'held' while making or receiving a call. Therefore you should not hold a phone between your ear and shoulder - or anywhere else - when driving.
Are employers guilty of an offence if their employees use a hand-held phone while driving?
The law applies to 'anyone who causes or permits any other person' to use a hand-held mobile phone while driving. Employers are not 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.
Are two-way radios included in the offence?
The use of two-way radio equipment when driving is not included in the offence but remember there is still a risk of distraction and prosecution under other powers.
The Road Safety Act 2006 has made using a hand-held mobile phone whilst driving an edorsable offence, effective from 27 February 2007. The offence is subject to a £60 fixed penalty and three penalty points. If the police or the driver chooses to take a case to court rather than use a fixed penalty notice, the maximum fine is £1,000 (£2,500 for drivers of vans, lorries, buses and coaches.)
Remember, in some circumstances, for example if there has been a collision, a prosecution for careless or dangerous driving may be justified if a phone was in use at the time of the crash. The penalties for conviction for such offences include heavy fines, endorsement, disqualification and, in serious cases, imprisonment.
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.
