The mobile phone legislation whilst driving

Mobile Phone LegislationThe goverment has now put a law in place that now makes using your mobile phone while driving against the law. The law will be put in place to promote road safety by raising drivers attentions while driving on the roads.

From the 1st of December 2003, Police will be clamping down on vehichle drivers that are found to be on the phone while at the wheel.

A popular mobile headset manufactuer "Jabra" has released statistics saying that aproximatley 25% of drivers will ignore the new law and roughly 40% of drivers will be unaware of the new law.

There is quite a bit of confusion amongst people confirming what exactly is and is not legal.

Initially, the government had placed a ban on all drivers using mobile phones while driving. Then it was altered to allow drivers with factory fitted mobile phone holders / cradles in their cars to use their mobile phones.

The final mobile phone legislation is now more relaxed, but that has led to claims it is too confusing. So we answer 10 questions about what you will and will not be allowed to do while driving when your phone rings..

10 most frequently asked questions

Can I use my ordinary mobile handset?

"Hand-held" is the watchword in the new regulations. If you need to hold your mobile handset then you will be in breach of the new law and liable for a £60 on the spot fine and three penalty points on your licence, penalty points can mean higher insurance costs. If the case goes to court you could risk a maximum fine of up to £1,000, which rises to £2,500 for the driver of a bus, coach or heavy good vehicle.

What about hands-free kit?

Using hands-free equipment such as a simple earpiece connected via cable, will not be an exception, if you still have to hold the mobile handset to dial a number or even just to press the "pick up" button when someone is ringing you.

So I need to get a factory fitted mobile?

No, A cradle that holds your mobile and is fixed to the dashboard will also do the job. You will need a hands free kit to continue the conversation, such as an earpiece and microphone or a Bluetooth headset. Interactive PDAs and navigation aids will also need cradles. Using a hands-free device with voice dialling and auto-answering would also be appropriate.

What if I cradle the phone on my shoulder?

Propping a mobile between your shoulder and chin will not be tolerated since you will still seen as holding the phone, albeit not with your hands. This is also a large driving distraction.

What about texting?

Texting is also banned, although it seems tapping out a text would be allowed if the phone remained fixed in a cradle.

So do I have to switch my mobile phone off?

No. Phones can be left on in a car, but, unless you have a hands free kit, if you are driving when it rings you must ignore it or pull in and park safely before answering it.

What about when I am at traffic lights?

You are still considered to be driving. This also goes for if you are stuck in a traffic jam, Sorry!

What about in an emergency call?

There is an exemption for 999/112 calls to the emergency services where it is unsafe or impractical to stop.

But i've got to use a phone for my job..

This is not a good enough excuse. You will still be liable for a penalty. If your boss has insisted you take calls while driving he or she would also be breaking the law. Therefore be safe and get an in car hands free kit or a bluetooth headset.

For more information about the mobile phone legislation and driving click here