Driving and your mobile

Not so long ago, you could be driving along, suddenly remember that you needed to call home, reach over with your left hand, fumble for your phone, pick it up and dial the number – still with one hand on the wheel and part of your attention on the road. If you did this today, and even if you were lucky enough to survive and not injure anyone else, you would be breaking the law.

In a new UK regulation that came into effect in December 2003, it is a specific offence to use a hand held phone, or similar device, when driving. This includes when you are stopped at traffic lights or in a traffic queue.

If you are caught, you risk a fixed penalty of £30 or, if you’re taken to court and convicted, this could rise to £1,000 (£2,500 for drivers of goods vehicles, buses or coaches) plus three points on your driving licence.

If you’re convicted of careless or dangerous driving as a result of using a mobile phone, you could face a driving ban or up to two years in prison.

Even with hands-free kits, you could still risk fine or prosecution if you are not deemed to be in proper, full control of the vehicle while calling.

The use of a mobile phone or similar device for texting, video, internet or related activities whilst driving is also prohibited if the phone (or other device) has to be held in order to operate it.

It is an offence for employers to require their staff to use mobiles (even hands free kits) whilst driving and the employer could face prosecution for doing so.

Provided that a phone can be operated without holding it, then hands free equipment is allowed.

If you need to push a button on your mobile to accept a call on your hands free kit whilst it’s in a cradle, this is not illegal. It only becomes illegal when you physically hold it, even if only for a moment.

However, hands free phones are also distracting and you still risk prosecution for failing to have proper control of a vehicle if you use a hands free phone when driving. If there is an incident, the use of any phone or similar device might justify charges of careless or dangerous driving.

There are three main types of car kits that allow you to operate your mobile hands free:

Personal hands free

These range from an earphone on a wire that plugs into your phone and clips to your shirt, to wireless (Bluetooth) headsets that connect to your phone via the airwaves.

Personal hands free kits are not wired into your car so are easily transportable but you will need a suitable cradle to hold your phone, it won’t charge your phone as you drive and it won’t automatically mute the stereo when you receive a call.

Although you can push buttons on your mobile if it’s in a cradle and you’re not actually holding the phone, it’s still a distraction so it’s far safer to ensure your phone has voice activation.

Plug in

Again, these aren’t wired directly into your car but connect via your cigarette lighter. Speakers can be built into your phone’s cradle or on a separate cable.

These systems are easily transferable between cars and will charge your phone as you drive, as well as coming with a separate microphone.

Fully installed

An engineer must install this type of kit as it wires into your car. Your phone will be recharged on the move and it will usually be wired into your stereo speakers although separate speakers are an option in some cases.

This kit will come with a separate microphone, voice activation and its own aerial that boosts the signal, as well as automatically muting your stereo when you receive a call. These kits aren’t transferable from vehicle to vehicle.

You may use your hand held mobile whilst driving to call 999 or 112 in a genuine emergency if it is unsafe or impractical to stop driving to make the call, without risking prosecution.

However, if you’re on a motorway, it is far better to use a roadside emergency telephone, if possible, since this makes it far quicker and easier for the emergency services to locate you.

Of course, the best way to ensure the safety of you and others on the road is to not use a mobile phone at all whilst driving.

Making or receiving a call or receiving a text message when you’re driving is distracting and the best way to avoid this distraction is to switch off your mobile for the duration of your journey. If you really need to be contacted, divert your calls to voicemail and stop to check your messages regularly.

If you do need to use your phone during your journey, pull over to a safe spot to do so. Never stop on the hard shoulder of a motorway unless in an emergency.

If you receive a call on a hands free kit, keep it brief and explain that you’re driving. This is still a distraction and averts your full concentration from the road and you could still be prosecuted if you’re not considered to be in full control of the vehicle.