NEW LEGISLATION FOR MOBILE
USE IN CARS
From
December 1st it will be an offence to hold your mobile phone
while driving. What
exactly does the new legislation mean for drivers?
What
is legal
What
is not legal
The
penalties
We’re
being told on radio, television, in newspapers and on hoardings,
that from the 1st December, new driving legislation is being
brought into force, banning handheld mobile phones whilst driving.
However, many experts feel that it’s not how you make the call that matters,
it’s the call itself that puts you at risk.
So what exactly does the new legislation
mean for drivers?
In addition to using a handheld device to speak or listen to a
call, drivers cannot access any sort of data interactively including
the Internet, text and
images. However if you’re thinking that the city congestion may now
become a blessing in disguise, the use of hand held phones is also banned
when stationary,
i.e. traffic lights, and jams.The £30
fixed penalty fine is being replaced, and drivers may now face
prosecution for failing to have proper control of the vehicle,
if their driving is considered to be dangerous or reckless because
of the distraction. A possible £1,000 fine may also be
applied on conviction.It’s
not all doom and gloom however, drivers can use hands free
kits providing the phone is being held in a fixed cradle, and
of course
emergency 999 calls are exempt.
What is legal
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To
use a hands-free kit, providing the phone is being held in
a ‘fixed’ cradle.
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To make
or receive calls whilst the phone is being held in a cradle,
pushing buttons whilst in the cradle, or operation via buttons
on a steering wheel would not breach the new regulation.
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Make a
call on a hand-held phone for a genuine emergency call to
999, if it would be unsafe for the driver to stop.
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Continued
use of Push to Talk (two-way radio) devices - it was deemed
this presented a lower risk. (walkie-talkies etc).
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Drivers
may continue to receive data on their phone when on the move,
providing that the driver does not hold the device whilst
in operation – there is no requirement for the handset
to be switched off when in the vehicle.
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Employers
providing phones to employees will not be an offence, but
to force an employee to use phones will make the employer
liable.
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What
is not legal
It will be
an offence whilst driving to use a handheld device to:
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Speak
or listen to a phone call.
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Use
a device interactively to access any sort of data – including
Internet, text or other images.
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To hold
a hands-free phone at any point whilst driving. This also
applies to all mobile devices, ie. BlackBerries, PDAs etc.
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The use
of a hand-held phone, even when stationary (i.e. in a traffic
jam, at the traffic lights) will remain an offence.
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In addition,
drivers who use a hands-free phone could also face prosecution
for failing to have proper control of their vehicle, if their
driving is considered to be dangerous or reckless because
of the distraction.
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The
penalties
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Fixed
penalty fine of £30 for using a hand-held phone whilst
driving.
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A
possible fine of up to £1,000 may also be applied on conviction
(£2,500 for drivers of goods vehicles or those manufactured
or adapted to carry 9 or more passengers).
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This legislation
comes into effect on 1 December 2003.
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