Mobile Phones - use while driving

What is the law?

As from 1 December 2003 it has been a specific offence to use a hand-held mobile phone or similar device when driving. There is a £60 fixed penalty with three penalty points for the offence rising to £1,000 on conviction in court. This figure inflates to £2,500 for drivers of goods vehicles, buses or coaches. For the most serious cases, motorists who use mobile phones at the wheel could face up to two years in jail.

The legal basis for the ban is the Road Vehicles (Construction and Use) (Amendment) (No.4) Regulations 2003 (SI 2695).

The regulations make exceptions for 999 and other emergency service calls, and for calls made in response to a "genuine emergency" or where it is "impractical" to stop driving.

However, it is still an offence to make calls during on-the-road stops, for example, at traffic lights or in traffic jams.

Background

Prior to the introduction of the regulations, there were no specific controls governing the use of mobile phones while driving, although drivers could be prosecuted for driving without due care and attention.

It was widely felt that mobile phone use when driving increased the risk of accidents, and this was confirmed by the Stewart Report of 2000, which warned that the practice could have a detrimental effect on driving standards, and was reconfirmed by a 2003 assessment carried out by the Department for Transport's road safety division.

In 2003, the Royal Society for the Prevention of Accidents claimed to have evidence that at least 20 road deaths since 1998 had involved mobile phone use, but the Society said that there were likely to have been many more, as the cause of accidents is not recorded.

Research by the Transport Research Laboratory in 2002 warned that drivers on mobiles had even worse reaction and stopping times than those under the influence of alcohol.

Pressure to act on the issue was spurred by the Government's Road Safety Strategy, 'Tomorrow's Roads - Safer for Everyone' which set a target for reducing the number of deaths and serious injuries on British roads by 40 per cent by 2010.

To make mobile phone calls legally while driving, a motorist must use a hands-free kit and have the handset held in a 'cradle'. The regulations only apply to passengers where the passenger is a driving instructor, instructing a learner. Cyclists are not affected by the regulations. The use of two-way radios is exempt, but the Government maintains that using them, and mobiles with hands-free sets, is still distracting and may leave a driver liable for prosecution for driving without due care and attention.

Since February 2007, drivers caught using a mobile phone while driving have been fined £60 and given three penalty points; new guidance issued in December of that year stated that those involved in the most serious accidents could be charged with dangerous driving and face a maximum jail sentence of two years.

Controversies

Many road safety campaigners feel that the regulations do not go far enough because they are ambiguous about what a 'device' might be and do not ban calls with hands-free kits. Their opponents counter that mobile phones are no more distracting than many other driver activities that have no specific provisions made for them, such as talking to a passenger.

Enforcement of the ban has been alleged to be patchy. In the first week of the ban, Scottish police forces issued just 20 tickets, whilst English forces announced a two-month amnesty to allow drivers to "get used to" the measures. The ban is intrinsically difficult to enforce, as the offender must be caught in the act.

Furthermore, a study published in the US journal 'Injury Prevention' found that 16 months after the introduction of New York state's ban, mobile use while driving had returned to just slightly below levels seen before the ban. The researchers warned that sustained publicity was necessary to prevent the public from slipping back into old habits.

Statistics

The RAC's annual Report on Motoring for 2010 found:

A big increase in motorists breaking the law when it comes to mobile phone usage in their vehicles, with 28% using their mobile phone without a hands free kit, up from 8% last year, and 31% texting and driving, up from 11% last year.
Despite Increasing fuel costs, there was greater concern from motorists about the behaviour of other drivers than the cost of motoring;
97% were concerned about drunk or drugged drivers, 96% were concerned about mobile phone usage when driving, 95% were concerned about driving without tax or insurance.

Source: RAC - 2010

Quotes

"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. High mileage and company car drivers are more likely than most to use a mobile phone while driving."

RoSPA - 2011

"The RAC calls for focused enforcement of existing laws e.g. mobile phone usage, with more police on the roads acting as the best deterrent."

RAC Report on Motoring - 2010