What happened on Tuesday 27 February 2007?

On 27th February 2007, the minimum penalty for using a hand-held phone while driving will increase from a £30 fixed penalty fine (1 Dec 2003) to a £60 fixed penalty fine and three penalty points on a driving licence. If the case goes to court, the fine can increase to £1,000 (£2,500 for drivers of vans, lorries, buses or coaches). NB: Drivers still risk prosecution (for failure to have proper control) even if they use hands-free phones when driving.

What does hand-held mean?

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.

What does interactive communication function mean?

The phrase "interactive communication function" includes the following:
- sending or receiving oral or written messages;
- sending or receiving facsimile documents;
- sending or receiving still or moving images;
- providing access to the internet;

Is hands-free phone equipment allowed?

If a mobile phone can be operated without holding it (i.e. by using a hands-free kit or Bluetooth technology), then hands-free equipment is not prohibited. In addition, pushing buttons on a phone while it is in a cradle or on the handlebars of a motorbike, for example, is not against the law, provided the driver does not hold the phone.
However, hands-free phones are also distracting and drivers can still risk prosecution for failing to have proper control of a vehicle under Regulation 104 of the Road Vehicles (Construction and Use) Regulations 1986. For example, if there is an incident, the use of any phone or similar device might justify charges of careless or dangerous driving.

Will mobile phones have to be switched off in vehicles?

No. Passengers may want to use them. Drivers also can use them when they are safely parked and the engine is switched off.

Am I allowed to cradle a phone between my ear and shoulder?

No. The offence applies if a phone has to be "held" while making or receiving a call. Therefore, you should not hold a phone between your ear and shoulder - or anywhere else - when driving.

Can I use a hand-held mobile phone when stopped in a traffic jam?

The prohibition applies when driving. Driving includes times when stopped at traffic lights or during other hold-ups that may occur during a typical journey when a vehicle can be expected to move off after a short while. In exceptional traffic jams, such as a lengthy stoppage on a motorway, it would be clear that someone wasn't driving if the engine was switched off.

Are there any exemptions?

Yes. There is an exemption for calls to 999 (or 112) or in genuine emergencies where it is unsafe or impractical to stop. There is also an exemption for the use of 2-way radios.

For more information on Mobile Phone safety polease visit our Driver Information page on Mobile Phones.