Quick Q regarding calling 999 whilst driving?
Discussion
Is it legal to call 999 while driving your call? (i.e. without a hands free kit?)
Was just reading another thread where someone mentioned pulling in to make the 999 call, and it seemed daft to me (ignoring the safety bit) - but I remember reading that you are legally allowed to make emergency calls whilst driving?
Is this true?
Was just reading another thread where someone mentioned pulling in to make the 999 call, and it seemed daft to me (ignoring the safety bit) - but I remember reading that you are legally allowed to make emergency calls whilst driving?
Is this true?
(Hells A)....Hey....Police.....Im on my Hog......M40......Ive got 3 guys in a green rover chasing me with a gun........
(police) slow down and stop sir, you must not talk on the mobile phone whilst driving......it is a serious offence.......dont you know you can be fined....it is very dangerous......
(Hells A) Ok Ill stop........... BANG......Ugggggh.......crash
(police) slow down and stop sir, you must not talk on the mobile phone whilst driving......it is a serious offence.......dont you know you can be fined....it is very dangerous......
(Hells A) Ok Ill stop........... BANG......Ugggggh.......crash
Edited by superlightr on Tuesday 14th August 09:50
Edited by superlightr on Tuesday 14th August 09:53
I've done it when I was hit in a hit and run... I rang the 
on my ordinary mobile while following the car and directed the police to our location. I was on the phone to them while driving for about ten minutes. No action was taken against me and they arrested the scrote.
While it was an offence it still requires the actions of a human to commence proceedings and I'm sure that common sense would prevail in a genuine emergency.
on my ordinary mobile while following the car and directed the police to our location. I was on the phone to them while driving for about ten minutes. No action was taken against me and they arrested the scrote.While it was an offence it still requires the actions of a human to commence proceedings and I'm sure that common sense would prevail in a genuine emergency.
tigger1 said:
Pretty sure there's an exemption for "emergency use" which would include calling 999.
No. I was on the M25 some years ago - about 1996 I think, way before using a phone without hands-free was illegal. I had a little confrontation with a guy in a 7-series because I wouldn't let him in after he underook a bunch of cars. I bit further on I was in lane 2, when he came up alongside me in lane 3 pointing a gun at me 
. I callled 999 and told them what was happening. Their reply? "Are you on a hands-free phone sir?" 
Edited by fatboy b on Tuesday 14th August 12:10
That was me in the other thread.
I was worried about how it seems that sometimes CPS don't let common sense get in the way of 'the law'. I considered calling 999 while driving on my hand held phone but thought I might just be dropping myself _right_ it it by calling BIB on one! I would also like to have this cleared up.
I was worried about how it seems that sometimes CPS don't let common sense get in the way of 'the law'. I considered calling 999 while driving on my hand held phone but thought I might just be dropping myself _right_ it it by calling BIB on one! I would also like to have this cleared up.
fatboy b said:
tigger1 said:
Pretty sure there's an exemption for "emergency use" which would include calling 999.
No. I was on the M25 some years ago - about 1996 I think, way before using a phone without hands-free was illegal. I had a little confrontation with a guy in a 7-series because I wouldn't let him in after he underook a bunch of cars. I bit further on I was in lane 2, when he came up alongside me in lane 3 pointing a gun at me . I callled 999 and told them what was happening. Their reply? "Are you on a hands-free phone sir?" Edited by fatboy b on Tuesday 14th August 12:10
BFF
Big Fat F'r said:
fatboy b said:
tigger1 said:
Pretty sure there's an exemption for "emergency use" which would include calling 999.
No. I was on the M25 some years ago - about 1996 I think, way before using a phone without hands-free was illegal. I had a little confrontation with a guy in a 7-series because I wouldn't let him in after he underook a bunch of cars. I bit further on I was in lane 2, when he came up alongside me in lane 3 pointing a gun at me . I callled 999 and told them what was happening. Their reply? "Are you on a hands-free phone sir?" Edited by fatboy b on Tuesday 14th August 12:10
BFF
The relevant legislation comes from here...
The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003
...
2. 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).
...
(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).
The point is if you can stop and call then you should. However, if you were following a drunk driver it is not unreasonable to make the call while driving provided you are still able to drive with relative safety while doing so. The call taker will normally ask if you are using a mobile so they can assess the balance of the value of keeping you on the phone with the risk to you and others from using it. There's probably also a fear that the Police would be held responsible if you had an accident while on the phone to them.
The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003
...
2. 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).
...
(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).
The point is if you can stop and call then you should. However, if you were following a drunk driver it is not unreasonable to make the call while driving provided you are still able to drive with relative safety while doing so. The call taker will normally ask if you are using a mobile so they can assess the balance of the value of keeping you on the phone with the risk to you and others from using it. There's probably also a fear that the Police would be held responsible if you had an accident while on the phone to them
.Marty G said:
I was told this weekend by a police officer that you can phone 999 on a non-hands free kit.
I was following a drunk driver and so would have needed to 'guide the police in'
The officer in question is still in training though so confirmation from a BiB from here would be good
I am a police officer - not in training (though some say I need it I was following a drunk driver and so would have needed to 'guide the police in'
The officer in question is still in training though so confirmation from a BiB from here would be good
) - and can confirm using a phone to ring 999 in an emergency .... or where for example following a drunk driver can only be achieved by doing it as you drive, etc is OK.7db's comments and those of AndyRw above seem spot on.
The law is not intended to stop people using a mobile to call for help when there is no other viable way.
Edited by John57 on Tuesday 14th August 15:04
AndyRw said:
(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).
so being unsafe, impracticable and illegal to stop on motorways does this mean that it is not illegal to use a mobile whilst on a motorway?(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).
Marcellus said:
AndyRw said:
(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).
so being unsafe, impracticable and illegal to stop on motorways does this mean that it is not illegal to use a mobile whilst on a motorway?(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).
Basically, if its NOT an emergency, then you'll be commiting an offence.
Plus also, I see an ";" in there, meaning that probably either (a) or (b) need to be present, in order to then team with (c) in order to not commit the offence.
It would be inferred from that statement, that it is an offence to call 999 if you could cease driving safely.
Thats how I read it anyway.
Edited by neil_bolton on Tuesday 14th August 16:54
fatboy b said:
Big Fat F'r said:
fatboy b said:
tigger1 said:
Pretty sure there's an exemption for "emergency use" which would include calling 999.
No. I was on the M25 some years ago - about 1996 I think, way before using a phone without hands-free was illegal. I had a little confrontation with a guy in a 7-series because I wouldn't let him in after he underook a bunch of cars. I bit further on I was in lane 2, when he came up alongside me in lane 3 pointing a gun at me . I callled 999 and told them what was happening. Their reply? "Are you on a hands-free phone sir?" Edited by fatboy b on Tuesday 14th August 12:10
BFF
The way it was written (perhaps unintentionally) in response to a post about is it illegal, made it sound as if their first response to a call about an armed attack was "are you on a hands free". Especially when you answered the comment about an exemption for emergency use with "No".
The way you describe it above is slightly different.
BFF
neil_bolton said:
You missed the 'and' bit between (b) and (c)
Basically, if its NOT an emergency, then you'll be commiting an offence.
Plus also, I see an ";" in there, meaning that probably either (a) or (b) need to be present, in order to then team with (c) in order to not commit the offence.
It would be inferred from that statement, that it is an offence to call 999 if you could cease driving safely.
Thats how I read it anyway.
Basically, if its NOT an emergency, then you'll be commiting an offence.
Plus also, I see an ";" in there, meaning that probably either (a) or (b) need to be present, in order to then team with (c) in order to not commit the offence.
It would be inferred from that statement, that it is an offence to call 999 if you could cease driving safely.
Thats how I read it anyway.
Except it needs to be (a) AND (b) - i.e. dialling 999 AND its a genuine emergency. None of the crackpot calls we often get on the 9's. The semi-colon in that bit of legislation is like a list delimiter - lots of the law is written like that.I am a currently serving BiB from one of the home counties, for my sins.
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