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The Law Regarding the Use of Mobile Phones Whilst Driving
  In a new regulation that came into force on 1st December 2003, it is a specific offence to use a hand-held phone, i.e. something that 'is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function, when driving'.  

If you accept a readside fixed penalty notice, you will receive 3 points on your licence and a fine of of £60. If a case goes to court, in addition to points, you could face discretionary disqualification on top of a maximum fine of £1,000. This could rise to £2,500 in the case of drivers in charge of buses, coaches and goods vehicles.

Is hands-free phone equipment allowed?
Provided that a phone can be operated without holding it, then hands-free equipment is allowed under the new regulation. Pushing buttons on a phone while it is in a cradle is not an offence, provided you don't hold the phone.

The Highway Code (Rule 128) warns that using any in-vehicle systems can be distracting. If there is an incident, the use of any phone or similar device might justify charges of careless or dangerous 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 off.

Are there any exemptions?
Yes. There is an exemption for calls to 999 (or 112) in genuine emergencies, where it is unsafe or impractical to stop.

Are employers guilty of an offence if their employees use a hand-held phone while driving?
The new regulations apply to 'anyone who causes or permits any other person 'to use a hand-held mobile phone while driving'.

The Department for Transport considers that employers would not be liable just because they supplied a telephone, or because they phoned an employee who was driving. However, employers would probably be liable if they required their employees to use a hand-held phone while driving. They might also be liable if they failed to forbid employees to use such phones while driving on company business.

Where can I go for more information? The Department of transport website is at www.dft.gov.uk


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