Re: Legal to drive with mobile phone on handsfree? On 20 Feb, 21:06, Jonno <j...@nomail.com> wrote:
> QUESTION: Is it legal to drive a car while using a mobile phone if the
> handset is held in a cradle on the dashboard and I am using a handsfree?
>
I received the following advice in an email from a manufacturer of
mobile devices, so they should have a good idea what they are talking
about:
Mobile Phones - new penalties
Introduction
All drivers should be aware of forthcoming changes to the law
contained in the Road Safety Act 2006 (the Act) which seeks to
introduce a wide range of measures aimed at helping to reduce the
number of road casualties. As from 27 February 2007 the Act will
impose tougher penalties on the use of mobile telephones whilst in
control of a vehicle.
The main provisions to be aware of are:
Hand Held Phones
Under the Act the use of a hand held phone whilst driving becomes an
endorseable offence with the £30 penalty introduced in 2003 replaced
by three points added to a driving licence coupled with a fine of £60.
If the matter is contested at trial, the judge has the power to
disqualify the motorist and impose a maximum fine of £1,000, or £2,500
in the case of the driver of a bus, coach or goods vehicle.
Hand Free Phones
The new offences include not having 'proper control' of a vehicle,
which means a driver can be prosecuted if he or she is distracted
while using a hands free mobile phone kit. The same penalties will
apply and this becomes an endorseable offence attracting three penalty
points. It should be remembered that the police now routinely obtain
phone records of drivers involved in serious or fatal accidents.
Employer's Liability
It is an offence to cause or permit either the use of a hand held
phone, or driving without control. Employers should ensure that their
employees are aware of the risks of using mobile phones while driving
and the potential criminal liability. They should ensure that they
have a policy for the use of mobile phones in cars and reconsider any
policies permitting the use of hands free phones by their employees.
The safest telephone usage policy would be to prohibit the use a phone
while driving, avoiding the risk of a health and safety prosecution.
Breach of company policy should be a disciplinary offence and
employers should ensure not only that company policy is being applied,
but also that their employees are aware of the consequences of failure
to do so.
So it would seem that the answer to your question is, "yes it is legal
so long as you are not distracted while using it".
Please note that I am not a lawyer, and am only passing on information
that was passed to me. I hope it is of use.
Regards
Pete Fotheringham |