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December 2003
The new mobile phone laws explained
A driver using his mobile: this is now illegal
This is not allowed under new regulations
Many people are confused by the new laws regarding the use of mobile phones in vehicles. We take a look at the law and provide some answers to the questions drivers are asking... plus Have Your Say on this new law
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:: Facts »
What you can't do:

• You cannot use your phone if at any point making the call involves you actually holding your phone - even if only to push a button to dial or to receive a call.

• You cannot use your phone wedged between your shoulder and your ear.

• You cannot use your phone with an ear-piece if at any point making your call involves holding a phone.

• You cannot use a hand-held mobile phone even when stopped at traffic lights or in a traffic queue.

These new regulations are in force from 1st December 2003.

You should seek independent legal advice if you are in doubt as to whether any particular action is prohibited by the regulations.

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Since December 1st 2003, new regulations make it a specific offence to use a handheld phone, or similar device, when driving a vehicle.

The definition of a handheld device refers to 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".

This definition includes sending and receiving voicemail or txt messages, sending or receiving still or moving images and providing access to the Internet.

The penalty is a £30 fixed fine or up to £1,000 on conviction in court (£2,500 for drivers of goods vehicles, buses or coaches). However there are plans to increase this to a £60 fixed penalty plus 3 points on your driving licence.

Still confused about the law? Take a look at our handy Q&A section below:

Will I be okay with a hands free kit?
You can only use a hands-free kit if it can be operated WITHOUT holding it. Basically - you won't be allowed to use a handheld kit that means you still have to hold the mobile handset to dial a number or to press the "answer" button when someone is calling you.

"Handheld" is the keyword in these new regulations. If you need to hold your mobile handset while driving then you WILL be breaking the law.

So what will I need to be within the law?
Handsfree kit
Handsfree Kit: On its own, This kit is not enough
You will need to use a cradle fixed to the dashboard to hold your mobilephone during a journey - this is currently the only way a driver will be allowed to make a call under the new law.

With the mobilephone in its fixed cradle, you'll be free to press buttons on your mobile's keypad.

You will also need a hands-free kit to continue the conversation, such as an earpiece and microphone or a headset.

A hands-free device with voice dialling and auto-answering is also OK.

Can I cradle the mobile on my shoulder or hold it between my legs?
This is banned under the new law. Propping a mobile between your shoulder and chin or anywhere else will still be seen as holding the phone, even though it’s not actually in your hands.

Is reading or typing a txt message allowed if the mobile remains fixed in a cradle. Can I send and read txts?
Txting on a mobile phone
It's probably not a good idea to txt while driving because of the level of concentration required onthe task. It is also likely to lead to break existing driving regulation that require you drive with due care and attention.

Do I have to switch my phone off in the car?
No. But unless your phone is held in a cradle and you have a hands-free kit, you're not allowed to answer it. Best thing to do here is either ignore it or look for a safe place to pull over and answer it.

Can I answer my mobile if stopped at traffic lights or stationary in a traffic jam?
No. The new law applies from the moment you start your engine because you're considered to be driving. This prohibition includes times when stopped at traffic lights or at other hold-ups that may occur during a typical journey. However in bad jams you would not be thought to be driving if your engine was turned off.

What if I need to make an emergency call?
There is an exemption to the law for 999 calls to emergency services where it is unsafe or impractical to stop.

Who do the new laws apply to? Is anybody exempt?
Nobody is exempt - the new regulations apply to the drivers of all vehicles on the road. This includes cars, motorcycles, goods vehicles, buses, coaches and taxis. The new law also applies to anyone supervising a learner driver, where the learner is driving.

The laws do not apply to cyclists but then again, cycling on Britain's busy roads whilst using a mobile is extremely dangerous and shouldn't be attempted anyway.

Where do I stand if my boss is insisting I take work-related calls while driving?
You will still be liable for a penalty and if your boss has insisted you take the calls then he or she could be breaking the law as well.

What about using hand held PDAs and navigation aids?
They will also need a cradle mounted the dashboard. However, the Highway Code (Rule 128) warns that using in-vehicle systems can be distracting and that the driver must exercise proper control of their vehicle at all times.

What about two-way radios?
The use of two-way radio equipment (unless the device can also be used as a phone) when driving is not included in the new offence but remember there is still a risk of distraction and prosecution under other powers.

What happens if I've followed all the guidelines and am still involved in an accident while using my mobile, would this go against me?
Drivers still risk prosecution (for failure to have proper control of a vehicle) if they use hands-free phones when driving. If there is an incident, the use of any phone or similar device might justify charges of careless or dangerous driving. Police also have the power to check your telephone records to see if you were using your mobile.


The best advice
As long as you don't have to hold your mobile at any point to operate it, you can use it in your vehicle - this means the only way to use a mobile in a vehicle would be if it were housed in a cradle on your dashboard.

It seems that the simplest thing to do is just NOT to use your mobile phone in the car at all - hands free or no hands free!

Please note: You should seek independent legal advice if you are in doubt as to whether any particular action is prohibited by the regulations.

Your comments
Should the use of mobile phones in vehicles be banned altogether?

Is this new law fair to drivers?

Are there any other distracting activities in vehicles that you would like to see banned?

Click here to send in your comments


Your comments:
Newest messages appear at the top of this thread...

girl at school 69
hello people i think that this law is ridiculious, some people need to make phone calls whilst driving to see if their child is fine or to call for some business reason, im tired of all these new laws coming in its so annoying.

TheGIRL
Hi umm i think that this law is good but also what about the cops, they are allowed to answer or make calls whilst driving! that is very hypocritical and unfair to us normal people.

malcome wilson
if i have pulled over and turned my engine off can i legaly use my mobil phone

Josh Douglas. 14 year old
very good idea . Cut down the car accidents.

Robert Ware
the results alter depending on the nature of the person(e.g. a woman = apocalypse)

Pauly
As a car driver, cyclist and motorcyclist I welcome any moves to stop people from being distracted by their phone whilst driving, because it is extremely dangerous. However, I think that the law is very unclear: I went to 4 mobile phone shops to ask "Do I need a cradle?" and "Must it be wireless or can I use a cord type handsfree kit?". I got a different answer in every shop, which is why I searched the web and found this site. Personally I think the basic problem is not that the penalty isn't stiff enough, it's more the case that the Government relies on cameras instead of cops, so there simply aren't enough police on the road to enforce good driving. People think they won't get caught anyway, so the punishment is irrelevant.

Vicky
This Comment Page Is Pointless, People Make No Sense!

50,000 milles a year
The law makes good sense and should be welcomed by everyone. I've seen accidents caused by people using mobile phones at the wheel, people who don't accept any responsibility for their action! My mobile is located in a properly installed 'handsfree' car kit but I still set the phone to take messages, informing the caller that I will return the call when I have safely stopped the car. I've had no complaints, only genuine acceptance. The law should be changed to prevent the driver using the mobile phone unless parked-up, or in significant emergencies!

jamie evans
what about the police who have phones/radios attached to there jackets surely they are distracted to surely they should practice what they are preaching!!!!!

Tracey Evison
My husabnd uses his phone in a cradle, but you still have to look at it and touch it to dial numbers which is distracting, but under the new law this is not illegal. The law needs to be more clear cut. Total ban on touching your mobile while driving, but how would they enforce it! Then you get into the issue of radios, incar sat-nav, smoking, screaming children ... the list goes on!!!

chris
when does this brill law start

chris R
what i am still annoyed at is that thousands of people are still driving around now ever since this law came in that people must use a hands free a couple of years ago yet the police do absolutly nothing about it to deter the drivers. there is many times i have seen people driving around using their phhone and not in control. i can wait for this law to come in and no one takes any notice of it

leah kempster
i think this is an absolutly wonderful idea as it will stop accidents and people getting killed very brutelly and then there familys will not have an exscuse to kill the driver for killing there little baby . fabitty fab idea tony blair!!

june estel
i think that every one should have a wireless head set for their car

adam
i have just read the above guide and find no reference to belt clip cases for mobile phones are they allowed as a cradle for your phone whilst driving

Tiffany
It seems to be practical way of cutting down on road deaths.

sweety
The cell phone bore pays no attention to traffic conditions, drives with phone in hand and may put surrounding cars and drivers at risk. Too focussed on phoning, the cell phone bore often misses what is happening on the road nearby and makes driving moves and decisions at an impaired level. Busy chatting, the cell phone bore may run a stop sign and broadside a car. Some people seem incapable of speaking on their cell phone in a normal tone of voice. Perhaps they are subconsciously worried that the party on the other end cannot hear them very well, so they double and triple their volume. Sometimes it seems as if they are shouting. Many personal and business conversations contain information that should remain confidential or private. Before using a mobile phone in a public location to discuss private business or issues, the cell savvy user makes sure that there will be enough distance to keep the content private. Some stories, some issues and some conflicts should be saved for times and locations that will allow for confidentiality. Many personal and business conversations contain information that should remain confidential or private. Before using a mobile phone in a public location to discuss private business or issues, the cell savvy user makes sure that there will be enough distance to keep the content private. Some stories, some issues and some conflicts should be saved for times and locations that will allow for confidentiality.

matt
i think this is a brillant idea because it stops less accidents happening

??
if the school took my phone off of me just before the bell rang and they didnt let me turn it off and they looked at the vidio i tane of my friend is that against the law ? its it illega for invasion of privacy ? write back asap !

mike hunt
how much could you get fined for using yuo're mobile while driving?

mike hunt
this is silly!

stanley ivrogbo
it's all good and all fine that such a law exists but it is ironically rooted in biasedness.



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