Mobile Phones

Mobile phones and driving don't mix

Mobile phones have many benefits. They provide security and can be a great help in an emergency. But tests have shown a driver cannot help being distracted by a phone call or text message. If you are distracted, you will not register hazards or react quickly. A conversation on a hands-free phone is no less distracting than using a hand-held one.

While driving, you will be breaking the law if you pick up or use any type of phone that is, or must be, held to operate it. For example, this means you may not use your mobile phone:

  • when you are stopped at traffic lights;
  • when you are queuing in traffic;
  • to receive calls, pictures, text messages or to access the Internet.

Points on your licence

  • It is illegal to use a hand-held mobile phone when driving and the penalties are going up. From 27 February 2007 you will receive a £60 fine and three penalty points on your licence1. Points can mean higher insurance costs.
  •  You don't have to be caught many times to be disqualified. If you get just six points in the first two years after passing your test, you will lose your licence under the New Drivers Act.
  •  You can also be prosecuted for using a hands-free mobile phone if you are not in proper control of your vehicle. The penalties will be the same as for using a hand-held phone. And the penalties for driving carelessly or dangerously when using any phone can include disqualification, a large fine and up to two years imprisonment.
  •  Employers can also be prosecuted if they cause or permit employees to take or make calls or send texts while driving.

Are there any exceptions?

  • Yes - a driver may call 999 or 112 in response to a genuine emergency when it is unsafe or impractical to stop to make the call.
  • Two-way radios are not covered by this offence but other devices for sending or receiving data are included if they are held while driving. (eg. Personal Digital Assistants).

The best advice is to switch off before you drive off.

  • When driving you should use voicemail, a message service or call diversion so you can pick up messages later.
  • Only use your phone after you have stopped in a safe place. But never stop on the hard shoulder of a motorway except in an emergency.
  • Avoid taking calls even on a hands-free phone while driving. They can be just as distracting. If you must answer, say you are driving and end the conversation. Otherwise you will put yourself and other road users at risk. We are all responsible for safety on the roads. If you make a call to someone and realise they are driving, stop the call and arrange to speak to them later. You cannot see the hazards or judge the road conditions while you're talking to a driver. And you wouldn't want to distract the driver if you were in the car.

If you are driving a vehicle, there is no such thing as a safe mobile phone call. Our advice is therefore simple: 'Switch off before you drive off'.

Source: "Switch off before your drive off" - published by the Department for Transport. - Crown copyright 2006.