From 27 February, if you are caught using a hand held mobile in your car, the penalty goes up to a £60 fine and three points on your licence.

There are serious implications for employers, who can be prosecuted if they cause or permit employees to take or make calls or send texts while driving. Additionally:

• The penalties also apply if you don’t control your vehicle because you are distracted by a conversation on your hands-free mobile
• The police will be stepping-up enforcement around mobile phones, increasing the chance of being caught
• Using a mobile phone whilst driving includes when you are stopped at traffic lights, when you are queuing in traffic and if you make or receive calls, pictures or text messages, or try to access the internet
•  DTI  advice is - switch off before you drive off.

For more information, visit www.thinkroadsafety.gov.uk.

Click ‘more’ for the regulations in greater detail.

The Legislation

.    The use of a hand-held phone, or similar hand-held devices, while driving has been prohibited since 1 December 2003.
.    From 27th February 2007, the fixed penalty notice will increase to £60 and three penalty points on your licence.
.    If a case goes to court, in addition to the points, discretionary disqualification is added.  The existing maximum fine of £1,000 (£2,500 in the case of a bus/coach or goods vehicle) remains unchanged.
.    Drivers can be prosecuted for careless driving and more serious offences if they crash because they were distracted by a phone call.
.    Commercial vehicle drivers using phones can be reported to the Traffic Commissioners.

Hands-free Mobile Phones
.    Drivers can be prosecuted for using a hands-free mobile phone if they are not in proper control of their vehicle.
.    This is an offence under Regulation 104 of the Road Vehicles (Construction and Use) Regulations 1986. The penalties are exactly the same as for the hand-held phone offence.

Employers/Callers
.    Employers may be prosecuted if:
-    they cause or permit an employee to drive while using a phone or to not have proper control of the vehicle.
-    they require an employee to make/receive calls whilst driving.
-    an employee drives dangerously because they are using a phone installed by the employer.
.    Callers can be prosecuted for causing or permitting a driver to use a hand held phone or to not have proper control of their vehicle.

Cyclists
.    It is not a specific offence to cycle and use a mobile phone but cyclists can be prosecuted by the police for careless or dangerous cycling. They should not do anything that would affect their concentration and put themselves and other road users in danger.

Exemptions
.    There is an exception for calls to 999 or 112 in a genuine emergency, provided it is unsafe or impractical to stop.
.    Two-way radios are exempt, but not other devices for sending and receiving data i.e. Personal Digital Assistants.

Definitions
.    Hand-held device - something that “is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function”.
.    Device - “similar” to a mobile phone if it performs an interactive communication function by transmitting and receiving data.

For more information, visit www.thinkroadsafety.gov.uk.