Clarification about mobiles and driving

ftsos

Hello Everyone,

I know this has been in the news recently, but I was busy so I didn't pay attention at that time, and I have been searching online for a definitive answer.

I need to know are you "legally" allowed to use a hands free device while driving. Like a bluetooth hands free device to talk while driving? Is this now illegal?

Please advise if you know for definite as I don't want to be breaking any laws and getting into trouble.

Thank you.

Car_54

There has been no change in the law, only an increase in the penalties.

The law prohibits the use of a handheld phone or device. If you use bluetooth and the actual phone is in a cradle, or in the glovebox or boot, then it's obviously not hand-held. If it's on the seat beside you then there's the possiblity of confusion.

The full legislation is here http://www.legislation.gov.uk/uksi/2003/2695/contents/made

ftsos

@Car 54 , I may be having a dumb day. So my phone is often kept either at the passenger seat or the place where most people put drinks. So if my phone is on the drinks tray, and I have bluetooth in my ear, then does that mean I am breaking the law? I am not touching my phone at all. I am answering it if I get calls via my bluetooth headset. Would that be illegal?

Car_54

You're not breaking the law, but you're making it harder to convince a policeman or magistrate that you weren't using it if some confusion arises. We have seen accounts (possibly true) of people being accused when they were looking down into their lap, scratching their ear, etc.

facade

There were 2 policemen on ITV on the morning that "the new law came out" and one said that they would ticket you if you touch a mobile phone while you are in the driving seat and the engine is running, cradle mounted or not.

They answered the question "What about if I am using it as a SATNAV?" with "We will ticket you if you touch a mobile phone while your engine is running, set the SATNAV function before you set off."

(No-one asked them about these "modern" cars that cut out at traffic lights, but I guess they have to keep it simple for us ITV viewers)

The law still isn't 100% clear on what "driving" is or "using a mobile phone". Over at pepipoo they are waiting for some high profile test cases, now it is 6 points it will be worth fighting for a lot of people.

tbh, I'd not worry. Now the high profile enforcement of the first day is past, you will be very unlucky if you even see a policeman, never mind get nicked by one.

Car_54

facade wrote: »

There were 2 policemen on ITV on the morning that "the new law came out" and one said that they would ticket you if you toucha mobile phone while you are in the driving seat and the engine is running, cradle mounted or not.

Did the officer explain why he'd ticket you if it was cradle-mounted?

The law says "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".

facade

No, like I said, they were keeping it simple for us ITV viewers.

It doesn't matter what the Law says though, what matters is whether you get a ticket, because without a lot of time and money and the ability to ignore stress, you won't be fighting it out in court.

I thought that his interpretation was wrong too, button pressing on any SATNAV type device is the same as eating an apple- not in a position to be in proper control of a vehicle.
Most likely, if you are pressing the screen when it is mounted on a windscreen mount, they won't take any notice, as there are enough people driving along with it clamped between shoulder and ear to raise enough to dent the National Debt.

uknick

This is what the law from 2003 says;


The Road Vehicles (Construction and Use) Regulations 1986(2) are amended by inserting after regulation 109—
“Mobile telephones

110.—(1) No person shall drive a motor vehicle on a road if he is using—
(a)a hand-held mobile telephone; or
(b)a hand-held device of a kind specified in paragraph (4).

(2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using—
(a)a hand-held mobile telephone; or
(b)a hand-held device of a kind specified in paragraph (4).

(3) No person shall supervise a holder of a provisional licence if the person supervising is using—
(a)a hand-held mobile telephone; or
(b)a hand-held device of a kind specified in paragraph (4),
at a time when the provisional licence holder is driving a motor vehicle on a road.

(4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.

(5) A person does not contravene a provision of this regulation if, at the time of the alleged contravention—
(a)he is using the telephone or other device to call the police, fire, ambulance or other emergency service on 112 or 999;
(b)he is acting in response to a genuine emergency; and
(c)it is unsafe or impracticable for him to cease driving in order to make the call (or, in the case of an alleged contravention of paragraph (3)(b), for the provisional licence holder to cease driving while the call was being made).

(6) For the purposes of this regulation—

(a)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;

(b)a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence);

(c)“interactive communication function” includes the following:
(i)sending or receiving oral or written messages;
(ii)sending or receiving facsimile documents;
(iii)sending or receiving still or moving images; and
(iv)providing access to the internet;

(d)“two-way radio” means any wireless telegraphy apparatus which is designed or adapted—
(i)for the purpose of transmitting and receiving spoken messages; and
(ii)to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz; and

(e)“wireless telegraphy” has the same meaning as in section 19(1) of the Wireless Telegraphy Act 1949(3).”




It is very clear this amendment only covers devices held in the hand whilst being operated.

But, as said you could still be prosecuted under the driving without due care and attention legislation if an officer notices erratic driving and sees you operating a device, say a screen mounted satnav, at the same time.