subject: Driving Whilst Using a Mobile Phone [print this page] Driving Whilst Using a Mobile Phone Driving Whilst Using a Mobile Phone
Whether it be as a pedestrian, cyclist, motorcyclist, driver, a passenger or any other means their use is key to the infrastructure of travel. With so many utilising the benefits of such an infrastructure it is also critical that this system is properly regulated by law to ensure these roads are safe, or as safe as practicable, for all users.
A relatively recent requirement to help ensure this safety was making it an offence to use a hand-held mobile phone whilst driving. This was first introduced in 2003, but as of February 2007 the penalty for offending became more severe, with it now being 3 points on your licence and a minimum of a 60 fine (which can be a maximum of 1000 on conviction in court or 2,500 for drivers of buses, coaches or goods vehicle.)
The regulations apply to all drivers of motor vehicles on the road and those supervising a learner driver. Provided the phone can be operated without holding it (and is not held), for example by the use of a hands free kit, then it may still be used. (although if the use causes a distraction prosecution could be made under other legislation for failing to have proper control over a vehicle.) But what actually constitutes 'driving'? Well notably this has a very wide definition in traffic law. Generally you can be considered driving if you are stationary so long as your engine is running, so being in a traffic jam or waiting for your car to warm up could be little excuse! The use of a phone is classified as some form of 'interaction' with the device, for example calling, texting or reading information from it. It is debatable whether the mere act of holding it will be sufficient and the onus on proving any interaction will rest with the prosecution of the case.
If you can show no texts or calls were made or received at the relevant time then this could be hard for them to prove! It may seem a little strange that this is a specific offence, but other seemingly dangerous driving activities aren't such as smoking - after all this can create a haze effecting vision, means a driver cannot maintain the use of two hands and is an instrument capable of burning the driver. Nonetheless the message of the law on mobiles is clear - using a hand held device is dangerous and distracting and an offence. Therefore if you intend to use one whilst driving invest in a suitable hands free kit!
