Health and Safety

From 27 February 2007 the fine was increased from £30 to £60 plus three penalty points on your licence or up to £1,000 on conviction in court (£2,500 for drivers of goods vehicles, buses or coaches). Drivers still risk prosecution (for failure to have proper control) if they use hands-free phones when driving.

A substantial body of research shows that using a hand-held or hands-free mobile phone while driving is a significant distraction, and substantially increases the risk of the driver crashing.

Drivers who use a mobile phone, whether hand-held or hands-free:

• are much less aware of what is happening on the road around them
• fail to see road signs
• fail to maintain proper lane position and steady speed
• are more likely to ‘tailgate’ the vehicle in front
• react more slowly and take longer to brake
• are more likely to enter unsafe gaps in traffic
• feel more stressed and frustrated.

They are also four times more likely to crash, injuring or killing themselves and/or other people.

Research by the RAC Foundation in 2008 showed that nearly 50% of drivers aged between 18 and 24 used mobile phones to send text messages while driving, and that reaction times slowed by 35% when they drove while reading and writing text messages.

The research shows that 'texting' while driving impairs motorists more than being under the influence of drink or drugs. As well as reaction times being slower, the research showed also that texters often drifted out of lanes, had poorer steering control and the overall driving performance was poor.

Definition of a Hand-Held Mobile Phone

The Regulation includes any “device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data”.

It states that a “mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function”. "interactive communication function" includes:

1. sending or receiving oral or written messages,
2. sending or receiving facsimile documents,
3. sending or receiving still or moving images, and
4. providing access to the Internet

There are two exemptions:

• 2- way “press to talk” radios, such as used by the emergency services and taxi drivers,
• Using a hand-held phone for a genuine emergency call to 999 or 112 if it would be unsafe for the driver to stop.

Definition of Driving

A person is “driving” even if the vehicle is stationary but the engine is running. The offence applies to all motor vehicles, including motorcycles, but will not apply to pedal cycles.