Mobile Phone Law
 Tough
new penalties for using hand held mobile phones came in to effect from
midnight on February 27th 2007.
Although it was already illegal to use a hand held mobile phone whilst
driving, the previous penalty was a mere £30 fine and wasn’t
endorsable.
Three penalty points
The offences of using a hand held mobile phone whilst driving and failing
to have proper control of a vehicle have now become endorsable. Drivers
now automatically have their licence endorsed with three penalty points and
receive a £60 fine – double the previous charge.
Any cases that reach court could involve discretionary disqualification and
a maximum fine of £1,000 - or £2,500 in the case of the driver
of a bus, coach or goods vehicle.
Superintendent Paul Morrison, from the Sussex Police Road Policing Department,
said:
"This is not another bash at the motoring public, it's about helping to
prevent people getting injured on our roads. The severity of the penalty reflects
the dangers posed through mobile phone use and not maintaining proper control
of your car. We will stringently enforce this law and
believe it will lead to safer roads and safer communities."
Your mobile phone questions answered:
 Why
did the penalties go up?
Research has shown that if you are using a mobile phone whilst driving you
are four times more likely to have a crash. Tests have shown that reaction
times for drivers using a hand-held phone slows reactions by fifty per cent
when compared to normal driving. The use of a mobile phone often involves distractions
which could be visual, auditory, mental or physical (Direct Line Mobile Phone
Report 2002).
Are there any exceptions?
A
driver may call 999 or 112 in response to a genuine emergency. Two-way radios
are not covered by this offence but other devices for sending or receiving data – such
as Blackberrys for example - are included if they are held while driving.
What is the law about using mobile phones while driving?
It is illegal to drive a vehicle or ride a motorbike and use a hand held mobile
phone or similar device. It is also illegal to supervise a learner and use
a hand-held phone. Hands-free phones are also a distraction and you risk prosecution
for not having proper control of a vehicle if the police see you driving poorly
while using one.
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 ‘similar’ to a mobile
phone includes a device that can be used for sending or receiving spoken or
written messages, sending or receiving still or moving images or providing
Internet access.
If you accept a roadside fixed penalty notice, you will receive three points
on your licence and a fine of £60. If a case goes to court, in addition
to points you could face discretionary disqualification on top of a maximum
fine of £1,000 (or £2,500 in the case of drivers of buses, coaches
and goods vehicles).
Is
a driver allowed to use any other equipment, such as a hands-free mobile phone?
Why don't you just make it illegal to use all mobiles when driving?
The
use of a hands-free phone or other equipment is not specifically prohibited
because it is difficult for police to see it in use. However if you drive poorly,
because you are distracted by a phone conversation for example, the police
can prosecute for failing to have proper control of the vehicle. The same penalty
applies – three points and a £60 fine.
If there is an incident or a crash, the use of any phone could be justification
for the charges of careless or dangerous driving. The penalties on conviction
for such offences include heavy fines, endorsement, disqualification and -
in serious cases - imprisonment. Courts are taking a serious view in such cases.
How
can a police officer prove that I was using my hands-free or mobile?
If you drive badly and a police officer suspects you have been using your
phone he can stop you and seek a reason for the poor driving. If it goes
to court your phone records can be checked to determine whether you were
using your phone.
When
is a driver allowed to use a hand-held phone?
There is an exception for calls to 999 or 112 in a genuine emergency where
it would be unsafe or impractical to stop.
Using two-way radio equipment when driving is not a specific offence. However,
you need to remember that a conversation could still distract from the concentration
needed to drive safely. If you do not have proper control the police can still
take action.
What if a mobile phone in my car rings? What if I phone someone
who is driving?
Let it ring and return the call when you are able
to park in a safe place. It would be better to switch to voicemail before
starting your journey.
If you phone someone who is driving say you will phone later and hang
up.
What
counts as driving?
Driving is using a motor vehicle on public roads and can include when a vehicle
is stopped at traffic lights or during a traffic hold-up. Therefore you should
not use that time to make or receive a call. Park safely and then use the phone
(but not on the motorway hard shoulder).
Must
I switch off any phone in my car?
No. Passengers may want to use a phone. If you are driving on your own
we advise that if you do not switch your phone off you should switch it
to voicemail, message service or call-diversion and ring back when you
are safely parked.
What
if I use the phone for work?
Employers need to consider the risks
associated with using a phone while driving. They should not ask their staff
to make or receive calls while driving. Employers could be liable to prosecution
if they require or allow employees to use a mobile phone while driving for
work.
What
about cyclists?
It is not a specific offence to cycle and use a mobile phone but cyclists
could be prosecuted by the police for careless or dangerous cycling.
Cyclists need to concentrate as much as other road users. They should
not do anything that would affect their concentration and put themselves
and other road users in danger.
Where
will Sussex Police be targeting mobile phone users?
Sussex Police Road Policing Department have always dealt very robustly
with people who insist on using their mobile phone whilst driving. All
of our patrols will be vigilant 24/7 and no particular area will be targeted
more than any other. All motorists should be aware that if they continue
to use their mobile phone whilst driving they are breaking the law and
putting the lives of other road users at risk.
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