Using Mobile Phones In Cars

In a new regulation that came into force on 1st December 2003, it is a specific offence to use a hand-held phone, or similar device, when driving a car or any other vehicle. Drivers also still risk prosecution (for failure to have proper control) if they use hands-free phones when driving. The use of hands-free phone equipment and 2-way radio equipment when driving is not included in the new offence but remember there is still a risk of distraction and prosecution under other powers. The new regulations apply to the drivers of all motor vehicles on the road, including cars, motorcycles, goods vehicles, buses, coaches and taxis. There is an exemption for calls to 999 (or 112) in genuine emergencies where it is unsafe or impractical to stop. The penalties on conviction for such offences include heavy fines, endorsement, disqualification and, in serious cases, imprisonment.

What are hand-held phones?

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".

What is a device?

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.

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.