Driving Law

Mobile Phone Offences

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The current law states the following are all Mobile Phone Offences:

  • Using the hand-held phone/device while driving
  • Causing or permitting another person to drive while using a hand-held phone
  • Supervising a Provisional Licence holder when the supervisor is using the hand-held phone.

You are not breaking the law if you use a “hands free kit” as the Law states the phone 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.”

It is illegal to:

  • Use the phone by holding it in your hand when driving
  • At any point during the course of receiving or making a call or sending a text etc. you hold the phone in your hand - even if for a moment
  • Hold the phone to answer the incoming call even if immediately after holding the phone to answer it you put it down and use your hands-free kit.

It is NOT illegal to:

  • Make or answer a call by pressing a button on an earpiece or the phone keypad if the phone is mounted on a dashboard holder - because the phone is not being held at any time even momentarily
  • Use your phone to call the emergency services on 112 or 999 in response to a genuine emergency and it’s dangerous or impractical to stop driving to make the call

Punishment

The penalty is a £2,500 fine, a Discretionary Disqualification and 3 points on your Licence.

It is essential the Court has evidence that the phone was being held by the driver.