New mobile phone law includes hands free

Quote:
Motorists using hands-free phones could receive three points on their licences and a £60 fine from next month if they are considered by police not to be in control of their vehicle. 

I think you’re missing the point of the new law.

If you’re not in control of your vehicle then you can already get up to 9 points for driving without due care and attention or driving without reasonable consideration for other road users.

The new law makes it an endorsable offence (ie points on your licence) to use a hand-held mobile while in control of your vehicle – whether or not it causes you to make any driving errors. Previously it was a non-endorsable offence UNLESS they could show that you were not in proper control of the vehicle and prosecute you for without due care etc.

Posted under Legal Issues, Mobile Phones

Posted by Alec at 4:19 pm, January 23, 2007

1 Comment so far

  1. Alec added on  January 27th, 2007 at 16:53

    Quote:
    CB`s & 2 way radios are also now included. And if your a passenger sitting with a provisional licence holder thats now banned.

    As far as I can see the rules haven’t changed at all – it’s “just” the fine and the obligatory points and discretionary ban that have been added.

    The actual ‘crime’ was introduced in the “The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003” and nothing’s been changed since, apart from the increased fine and the points being introduced by the Road Safety Act 2006.

    Two-way radios are exempt, subject to:

    Quote:

    “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;

    You can use a hand held mobile to call the police subject to:

    Quote:

    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).

    And the rule about not using a mobile while supervising a provisional licence holder was also brought in with the 2003 rules:

    Quote:

    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),

    Maybe I’ve missed something and there’s another Amendment been passed. If there has I can’t find any mention of it anywhere.

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