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1 in 5 motorists admit to calling or texting at the wheel

New legislation to increase the penalty for using a hand-held phone whilst driving will come into force on 27th February.

The current fine of £30 is set to increase to a fixed penalty of £60 and the offender will also receive three penalty points on his or her driving licence. If a case goes to court, then in addition to the points, discretionary disqualification can be added on top of the existing maximum fee of £1000-£2500 in the case of a driver of a bus or coach or goods vehicle. 3 out of 4 drivers are not presently aware that the penalties are going to change according to new research conducted by the Department of Transport.

Research from 2002 shows that driving whilst using a hand held mobile phone ranks alongside drink driving in terms of slowing reaction times and in reality the use of a hands-free is just as bad. Yet motorists still underestimate the problems using a phone at the wheel can cause: 69% of those surveyed think that drink driving has a greater effect on driving performance.

Using a hand-held mobile phone whilst driving slows reactions by 50% compared to normal driving, so putting the driver and others at serious risk. Reaction times can also be on average 30% slower when using a hand-held phone compared to being drunk. The issue is the mental distraction of the conversation. 1 in 5 motorists admit to using their phone at the wheel to text or call according to the recent research.

Statement on changes to penalties for the use of a handheld mobile phone while driving

The legislation to increase the penalty for using a hand-held phone while driving is scheduled to come into force on 27 February 2007.
The change is being made under section 26 of the Road Safety Act 2006 .  The Act contains other measures to help achieve casualty reduction targets and improve safety on Britain's roads.
  • ·         The use of a hand-held phone, or similar hand-held devices, while driving has been prohibited since 1 December 2003. 
  • ·         The current £30 roadside fixed penalty notice will increase to £60 and three penalty points added to the drivers’ licence.  If a case goes to court, then 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.
  • ·         Provided that a phone can be operated without holding it, then hands-free equipment is not prohibited although DfT advice will remain that drivers should switch to voicemail and not use a mobile in the car at any time.
  • ·         A hand-held device is 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". 
  • ·         A device is "similar" to a mobile phone if it performs an interactive communication function by transmitting and receiving data.
  • ·         Using any mobile phone when driving has been scientifically proven to be distracting. Those who drive poorly as the result of distraction from a conversation on a hands-free phone continue to risk prosecution for not having proper control of a 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 can also be prosecuted if they require their employees to use any phone to take or make calls while driving.
Further information can be found on the Department for Transport’s road safety website www.thinkroadsafety.gov.uk
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