Mobile phones

Use of a hand-held mobile phone whilst driving became a specific offence on 1^st December 2003. It is also an offence for the supervisor of a learner driver to use a hand-held mobile phone whilst the learner is driving. The penalty is three penalty points plus a fine. A mobile phone is treated as hand-held if it is, or needs to be, held at any point during making or receiving a call or performing any other communication function.

 You also risk being accused of other offences, such as careless or dangerous driving, or of not being in proper control, even if the phone is hands-free. Therefore using a hands-free mobile whilst driving could still lead to prosecution.

Employers could also be accused of “causing or permitting” their staff to commit offences.  

The rules surrounding the use of mobile phones in vehicles are still complicated for both drivers and employers. If you or your company need clear advice, or you find yourself charged with an offence, talk to us.

Link to the relevant legislation:

The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003