Public Servant Lifestyle

It is a specific offence to use a hand-held mobile phone - or a similar device - whilst driving in the UK. The Department For Transport (DfT) have approved new legislation in response to widespread concerns about the increased risks created by trying to drive and use hand-held mobile phones at the same time.

Road Safety Minister, David Jamieson has reminded motorists that from now on they face a £30 fine if caught holding a mobile phone and driving. The message coincides with a new advertising campaign to remind motorists of the new offence of holding a mobile phone. National radio adverts reminding people of the ban have also been broadcast.

The new offence means offenders subject to a £30 fixed penalty fine, which can be increased to a maximum of £1000 if the matter goes to court - and as high as £2,500 for the drivers of vans, lorries, buses and coaches.

Research

Department For Transport research has shown that motorists are four times more likely to have an accident if they drive and use a mobile phone at the same time. Using a mobile whilst driving affects the ability to concentrate and anticipate the road ahead, putting the driver and other road users, as well as the passengers and the driver themselves at increased risk.

Hands-free calls are also distracting and drivers should be aware that they still risk prosecution for failing to have proper control of their vehicle, for careless or even dangerous driving if use of a phone affects their driving in this way.

David Jamieson said: "Driving whilst using a mobile phone is dangerous - you are risking your own life and those of other road users. It's hard to concentrate when you are doing two things at once and any driver will be distracted by a phone call or text message. By making it an offence to hold a mobile phone when driving - we will make the roads safer for us all. I urge drivers to remember: missing a call won’t kill you – an accident quite possibly could."

The Government is also planning to legislate when a suitable opportunity arises to make it an endorseable offence, so that drivers will get three points on their licence each time they are caught holding a mobile phone in their vehicle. The fixed penalty fine would then increase to £60.

Unaware?

However, as many as 40% of British drivers are still unaware that the use of hand-held mobiles has been banned while driving, according to pressure group the Association of British Drivers (ABD). A survey commissioned by mobile headset manufacturer, JABRA found that almost 40% of British drivers asked were unaware of the legislation coming into force, and amongst those who are aware of the law there is either confusion or ambivalence about its impact.

The key findings of the JABRA survey found that:

17% of drivers questioned admitted to using a hand-held mobile while driving

40% of all drivers are still unaware of the legislation

A quarter of respondents who were aware of new legislation said it would not stop them from using a hand-held mobile while driving

20-29 year olds are the most likely to use a hand-held mobile while driving (31%)

47% of people who admitted to using a hand-held mobile did not feel they were still able to drive with due care and attention but still continued to do so

Drivers who are aware of the legislation are still confused over what hands-free options are legal

39% of new drivers aged 17-19 are still unaware of the new legislation

61% of respondents do not currently use any type of hands-free solution with their mobile

According to the JABRA findings these penalties may not be enough as a quarter of drivers questioned - who were aware of the legislation - said that it would not stop them from using a hand-held mobile while driving. Young drivers are most at risk with 31% of 20-29 year olds being the most likely age group to drive while using a hand-held mobile. Yet only 39% of 17-19 year olds and 50% of 20-29 year olds are even aware of the new law.

Hand-Held Mobile

Nigel Humphries, spokesman for the ABD, commented: "JABRA's research shows that, whilst most drivers have concerns about using a hand-held mobile, they are ambivalent about the consequences or are unsure of the alternatives. To avoid widespread non-compliance of the new legislation, there is a clear need for the Government and the mobile industry to tell drivers exactly what is legal and what isn't, and to provide positive guidance on making calls safely rather than simply telling people not to do it."

Employers may also be prosecuted if they require their employees to use a hand-held mobile phone while driving.

Under existing law, drivers using hands-free devices still risk prosecution if they fail to maintain proper control of their vehicle or drive carelessly or dangerously.

The families of two people killed in mobile phone road accidents have joined the Royal Society for the Prevention of Accidents (RoSPA) in urging drivers not to try to get around the new law banning the use of hand-held phones while at the wheel.

Kevin Clinton, RoSPA Head of Road Safety, said many motorists seemed more interested in trying to find ways to continue using a phone, than accepting that any form of phone conversation while driving made people four times more likely to crash.

"If you have a mobile phone, whether it is hand-held or hands-free, you should switch if off when you get into your vehicle and not turn it on until you are parked in a safe place," he said.

Fatal Crashes

He feared more fatal crashes if the mobile phone industry continued to promote the use of hands-free kits as safe for motorists, and if bosses did not make it a disciplinary offence for their employees to use a mobile phone at the wheel.

"Employers could play a major part in making this law even more effective if they stopped their workers using mobiles when driving on company business," he said. "Research clearly shows that using a hands-free phone while driving is just as dangerous as using a hand-held phone – there is little point in having both hands connected to the steering wheel, if the brain is not connected to the hands."

His views were backed by Robert and Val Hammond whose daughter Carol Pattinson, aged 32, was killed by a driver hanging up his mobile phone, and Lynda Hudd, whose daughter Rebekka, aged 11, died when she was hit by a driver on a mobile phone.

Mrs Hammond of Cresswell, Staffordshire, said: "The only safe thing to do is to not have your mobile phone switched on when you are driving. I would hate to see other families having to suffer needlessly in the way we have done, just because a driver puts a phone call before someone’s life."

Mrs Hudd of Pucklechurch, near Bristol, said: "My daughter would be alive today if this law had been introduced earlier. Any phone call while driving is dangerous. It is the height of selfishness to risk people’s lives for the sake of a call."

Commenting on the new legislation, Wiltshire Constabulary’s Force Road Safety Officer, Sergeant Dave Melvin said: "This new legislation comes as no surprise given the independent research that has been carried out, together with widespread concerns raised by both the public themselves and various road safety agencies.

Quite simply, using hand-held mobile phones and driving are two activities that cannot be performed safely at the same time. Driving today requires all of your attention all of the time, not all of your attention some of the time. It is nonsense for people to claim that they can control their vehicles safely whilst using a hand-held mobile phone."

"Increased ownership of mobile phones in recent years has unfortunately led to more and more drivers using them whilst driving. A great many others find this behaviour annoying and, frankly, look upon it as inconsiderate and dangerous. We therefore believe the vast majority of the public who use the roads in whatever mode, will welcome this new legislation and see it as a sensible step in improving everyone’s safety on the roads."

Both the police and the DfT are saying that drivers should switch off their mobile phones when driving and use their voicemail, a message service or call diversion, so that they can pick up messages later.

Switch Off

The previous safety advice regarding hands-free equipment remains, which is that drivers should avoid where possible taking calls on hands-free phones, i.e. switch phones off altogether before driving. Sergeant Melvin points out that you cannot otherwise concentrate fully on your driving.

He said: "It is not the same as talking to a passenger who is aware of the traffic conditions and can see what is happening in front of you. If you must take a call on a hands-free phone, tell the caller that you are driving and end the conversation quickly - either tell them you will ring back later or find a safe place to stop before continuing the conversation or replying to the call."

The police are emphasising that it is the use of hand-held mobile phones that has been outlawed while driving, not the use of hands-free phones – although the safety advice is not to use hands-free either. The new legislation says that a mobile telephone or other device is ‘hand-held’ if it is, or must be, held at some point during the course of making or receiving a call. It does not include two-way radio. Therefore, hands-free kit of all descriptions is unaffected by the new law, which simply forbids actually holding the phone (at any point) while driving. The police do stress however, that drivers must have proper control of their vehicle at all times and not drive carelessly or dangerously.

"Clearly lengthy or complex conversations will be a distinct risk and should be avoided", said Sergeant Melvin. "The safest thing to do is to turn the phones off and collect messages for later. In reality, very few telephone calls are likely to be so urgent that they cannot wait until you complete your journey or take a break." The police point out that it is not their role to advise on or recommend the use of particular hands-free equipment. If anyone requires advice they should contact a mobile phone supplier or retail outlet.

RoSPA has led the campaign to outlaw the use of mobiles at the wheel and knows of more than 20 deaths on Britain’s roads involving mobile phones - hands-free phones were being used in at least two of those tragedies. It is believed thousands of road accidents have been caused by people talking on the phone.

For more information, visit the Department For Transport website for more guidance on mobile telephones and driving.

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