Use of mobile phones in vehicles

The Government is reviewing the law around the use of mobile devices in vehicles. Proposals for changes to current rules are expected in the first half of 2020 but here is the latest advice from the RHA. 

The use of mobile phones has become an integral part of modern-day life. Our need to keep in contact or stay up to date with current issues at all times is leading to a habit that many find hard to break even while driving. During a mobile phone conversation, drivers may notice fewer hazards or fail to act appropriately in response to hazards occurring in front of them. As a result, a driver can lose control over the vehicle, which will increase the likelihood of being involved in a collision.

Regulation 110(6)(a) of the Construction and Use regulations prohibits a person from using a held-hand mobile phone or hand-held device while driving. 

THE LAW IS CLEAR, IT IS A SERIOUS OFFENCE TO USE A HAND-HELD MOBILE PHONE WHEN: 

• driving a vehicle or motorcycle;
• stopped at traffic lights or queuing in traffic;
• supervising a learner driver or rider.

The only exception to this is in case of a genuine emergency where a hand-held mobile phone can be used to call 999 or 112 – but only if it is unsafe or impractical to stop. Employers needing or allowing employees who drive for work purposes to use a hand-held mobile phone while driving can also be guilty of an offence.

The use of HANDS-FREE devices: 

Although it is legally permitted to use hands-free phones, satellite navigation systems and two-way radios when driving, police can still stop a driver and issue a penalty if they feel that a driver is distracted and not in control of a vehicle.

The RHA recognises that the use of hands-free devices and telematics is an essential business tool in the road haulage industry. However, these devices must be used as safely as possible.

When using hands-free mobile phones:

• calls must always be kept short and should never include detailed discussions. If a detailed discussion is needed, the call should be made at an appropriate time when the driver is parked, not driving;
• companies should explain to their drivers that outgoing calls when driving should be avoided, and a driver has the right to end any call at any time when driving. Extended discussions should be discouraged. rha.uk.net 3

What’s the penalty?

You can get 6 penalty points and a £200 fine if you use a hand-held phone when driving. You’ll also lose your licence if you passed your driving test in the last 2 years.

You can get 3 penalty points if you don’t have a full view of the road and traffic ahead or proper control of the vehicle.

You can also be taken to court where you can be banned from driving AND get a maximum fine of £1,000 for cars/vans or £2,500 if you’re driving a lorry or bus.

For further information, download the full guide from the RHA here

You can also check the Gov.UK advice here: Using a phone or a sat nav when driving.