Tuesday 28th October 2003

Phone Law - it's Simple

New legislation outlawing phone use while driving is clarified

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New rules on the use of hand held phones by drivers were published yesterday bringing to an end speculation about their content.

The new regulations are simple and unambiguous - from December 1st:

It will be a criminal offence to use a hand-held
mobile phone at any time while driving

The regulations do not prohibit, or allow, any specific type of equipment, phone or connector but simply make in an offence to hold a phone whilst driving and cover all activities associated with making or receiving a call including dialling.

The new regulations do not affect the present law, which still requires drivers to be in control of their car at all times.

Whilst the use of a hands free phone will not be an offence, drivers will face criminal prosecution and penalties ranging from a simple fine to disqualification and even imprisonment, if any aspect of the call adversely affects their driving and especially if it leads to a crash.

Kevin Delaney, Traffic and Road Safety Manager for the RAC Foundation burbled: "As well as using only hands free phones, drivers and employers should adopt a more responsible attitude to using phones at all. Keep your hands on the wheel, your eyes on the road and your mind on driving ."

Mobile telephones (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]."

[skid]

....so because one of my cars doesn't have a stereo, and the other was lifted by a scrote, does that mean when I use the FM radio on my phone I am breaking the law, but if I had a portable radio/walkman I wouldn't be??????

Above assuming driving not effected by adjusting obviously.

Skid

[PetrolTed]

I've included the actual legislation now so you can see if that covers it.

[sparkyjohn]

Never mind, misread it.

>> Edited by sparkyjohn on Tuesday 28th October 10:43

[M@H]

So one of those simple hands free kits are ok then (the wire with an earpiece and a mic on it).. I heard that they would not be allowed either..

Matt.

[lucozade]

But it's still ok to drive whilst smoking with one hand on the steering wheel?

[RichB]

M@H said:

So one of those simple hands free kits are ok then (the wire with an earpiece and a mic on it).. I heard that they would not be allowed either.. Matt.

I think this is the bit which covers these ear-pieces. "(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 functionI use one of these so am interested in this point. Based on this paragraph I would contend that i) I can receive a call without having to hold the phone in my hand, by simply pressing the button on the mike, and ii) I can make a call using speed dial and pressing the appropriate button whilst the phone sits in the hole in the centre console. Rich...

[Gaffer]

Or talk to your passanger whist having one hand on the wheel because you are winding up the window or something...?

Utter crap.

Claire

[M@H]

RichB said:

Based on this paragraph I would contend that i) I can receive a call without having to hold the phone in my hand, by simply pressing the button on the mike, and ii) I can make a call using speed dial and pressing the appropriate button whilst the phone sits in the hole in the centre console. Rich...

Yep, my thinking too.. and if someone rings you, you can answer the call via the button on the mike too, accordingly no "hand holding" going on...

we need a or to give us a better idea on interpretation here I think..

Cheers,
Matt.

[PetrolTed]

Gaffer said:

Or talk to your passanger whist having one hand on the wheel because you are winding up the window or something...? Utter crap. Claire

I don't understand, what's crap?

[RichB]

M@H said:

RichB said: Based on this paragraph I would contend that i) I can receive a call without having to hold the phone in my hand, by simply pressing the button on the mike, and ii) I can make a call using speed dial and pressing the appropriate button whilst the phone sits in the hole in the centre console. Rich... Yep, my thinking too.. and if someone rings you, you can answer the call via the button on the mike too, accordingly no "hand holding" going on... we need a or to give us a better idea on interpretation here I think.. Cheers, Matt.

I doubt even they will know until there is a test case.

[Apache]

I doubt they would be able to shed any light on it either

[RichB]

PetrolTed said:

Gaffer said: Or talk to your passanger whist having one hand on the wheel because you are winding up the window or something...? Utter crap. Claire I don't understand, what's crap?

I think Clair eis suggesting that chatting to a passenger whilst lowereing the window is similar to using a hand held mobile whilst driving? Rich...

[Gaffer]

Everything. I don't see the problem of talkig on the phone whilst driving. It's not as if it is a 2 hour call, normally its a short conversation or to get directions to find a specific place...

And the reduction of the NSL near my house plus the intention to put lights in just because some idiot can't judge speed.

Claire (annoyed cos she don't feel well).

PS...cheers Rich...

>> Edited by Gaffer on Tuesday 28th October 11:27

[marvelharvey]

I guess it's OK to pull over to the side of the road and stop so you can legally use your phone.

So is it OK to use your phone when stationary whilst sitting in a traffic jam - so that you can inform people that you're running late.

If it's legal to talk whilst in a traffic jam, can you crawl along at 2mph whilst on the phone?

Lots of grey areas with this law.

[PetrolTed]

Gaffer said:

I don't see the problem of talkig on the phone whilst driving. It's not as if it is a 2 hour call, normally its a short conversation or to get directions to find a specific place...

Strongly disagree I'm afraid. Firstly there are plenty of people who spend ages on the phone whilst driving. Secondly I've been in the car with someone on a long call and it was obvious that they were oblivious to a lot of what was going on around them. Trying to follow directions with one hand on the phone sounds even worse.

We all have lapses in concentration, listen to the radio, talk to our passengers etc, but talking on the phone takes a huge chunk of your concentration. If your driving doesn't suffer as a result then I'd suggest your driving must be pretty appalling to start with.

Numpties gassing on the phone when they should be concentrating on their driving is one of my pet hates

[xsaravtr]

Mmmm... Time to get the CB out of mothballs...

Breaker, breaker 10-4 good buddy, we got a convoy... no sign of Smokey

[Apache]

bit of a sweeping generalisation there ted, using the phone whilst negotiating a roundabout= silly, on a straight peice of motorway not a prob, I don't think my driving is appalling either.
On a different slant is it beyond the realms of modern enterprise for a major car manufacturer and handset manufacturer to combine and produce an incar system using the latest range of phones with bases that can be replaced as the technology developes. It could always be put where the frigging ashtray goes.

[laner]

I think it was mentioned earlier, until we have a test case or 2 this new law will remain grey.

This could run and run and run.....

[xsaravtr]

Apache said:

bit of a sweeping generalisation there ted, using the phone whilst negotiating a roundabout= silly, on a straight peice of motorway not a prob, I don't think my driving is appalling either. On a different slant is it beyond the realms of modern enterprise for a major car manufacturer and handset manufacturer to combine and produce an incar system using the latest range of phones with bases that can be replaced as the technology developes. It could always be put where the frigging ashtray goes.

Rather than messing with wires from hands free kits, what about a system that you physically plug the phone into and then is uses the speakers for the radio and a mike already built into the car. Like the 3rd party holders you can get for a tenner on the market. Surely if these things are so cheap, a car manufacturer can do this for pennies based on high volume...

Be the Japanese do it first...

[xsaravtr]

xsaravtr said:

Apache said: bit of a sweeping generalisation there ted, using the phone whilst negotiating a roundabout= silly, on a straight peice of motorway not a prob, I don't think my driving is appalling either. On a different slant is it beyond the realms of modern enterprise for a major car manufacturer and handset manufacturer to combine and produce an incar system using the latest range of phones with bases that can be replaced as the technology developes. It could always be put where the frigging ashtray goes. Rather than messing with wires from hands free kits, what about a system that you physically plug the phone into and then is uses the speakers for the radio and a mike already built into the car. Like the 3rd party holders you can get for a tenner on the market. Surely if these things are so cheap, a car manufacturer can do this for pennies based on high volume... Bet the Japanese do it first...