HOLDING A MOBILE PHONE WHILE DRIVING IS ILLEGAL
27 November 2003 - AA

Making or receiving hand-held mobile phone calls while driving a car will be an offence from 1 December 2003 with a £30 fixed penalty or a fine of up to £1,000 if convicted in a court of law.

Sending text messages while in control of a vehicle will also be an offence carrying the same penalties. Drivers will still be able to use car kits and hands-free kits.

The penalties for drivers of goods or passenger-carrying vehicles range up to £2,500, while all drivers can still be prosecuted for the more serious crimes of careless and inconsiderate driving, dangerous driving or causing death by dangerous driving.

If convicted of causing a death, a prison sentence will almost invariably be imposed if a phone was being used at the time.

Defining Mobile
Whether your vehicle is moving or stationary, if the engine is switched on it is classified as ''driving'' under the new law. Even if you have pulled over to take a mobile phone call, if the engine is still running, you could be penalised.

If you need to hold the phone at any point while using it, you will be contravening the law. A mobile phone needs to be securely held in a cradle mounted in the car to be classified as a ''hands-free'' unit.

Guidelines
Drivers will be able to use hand-held phones when trapped in congested traffic, as long as the engine is switched off. This does not override the laws on dangerous parking or where drivers can stop.
Devices held in the hand for at least part of the phoning operation will be illegal – it will need to be fitted in some sort of cradle. This will also apply to transmission and display devices such as navigation units.
It will be legal to carry switched on hand-held phones in vehicles, and for the phone to receive data. It is only when the driver picks the phone up that an offence could be committed.
Driving without proper control of a vehicle will be strengthened to a £60 fine and endorsement. Mobile phone users, even with the correct equipment, can still be prosecuted if they are driving irresponsibly. The law will cover other distractions, including eating, drinking and smoking.
Employers could face a ''cause or permit'' offence if they require employees to break the law.

The AA Motoring Trust advises motorists to avoid using hands-free phones whenever practical. Difficulties in enforcing the law means hands-free phones are legal but safety is still an important concern while using them.

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