About handsfree
The law
Since 1 December 2003 it has been illegal to drive in the UK while using a hand held mobile phone. Previous to this legislation the only way a motorist would face prosecution for using a mobile phone would be if they were charged with failing to keep control of their car while they were using it.
When the 2003 law first came into effect it was largely ignored, leading to debate over whether or not the £30 fixed penalty notice was enough of a deterrent. Although more than 75,000 penalty notices were given out in 2004, many drivers still blatantly flouted the law and it was decided that the fine was not effective enough. From 27 February 2007 it doubled to £60 (rising to up to £1000 should the case be taken to court), and driving while using a hand-held mobile phone became an endorseable offence, with 3 penalty points added to the offender's license.
Hands free phones may be used, but they are ultimately a distraction and you are still open to a charge of careless driving should a police officer think you are driving poorly while using one.
Are there any exemptions?
If you are in a genuine emergency situation and it would be unsafe for you to stop, there is an exemption in place that allows motorists to call the emergency services on 999 or 112 while driving.
Can I use a hands free phone?
Yes you can. Essentially, you are allowed to push buttons, but not to hold the phone, so make sure it is in a cradle which is attached to your dashboard. However, do remember that if you are stopped for driving in a poor or careless manner and the police discover that you were using a hands-free mobile phone, you can still be prosecuted for not having proper control of your vehicle - the penalty for which is the same as it is for using a hand held phone while driving - a £60 fine and 3 penalty points.
If you are unlucky enough to end up in an accident, your mobile phone records may be used as evidence to prove that you were distracted at the time of the accident. This could lead to further points on your license, large fines and in some cases, even a prison sentence.
How can I make safer calls?
Ensure you have a properly fitted Hands Free Kit (preferably voice activated)
Keep calls short and simple – never argue or negotiate on the move
Turn off your phone and take messages when you can park safely
Tell callers that you are driving and may need to break off your conversation suddenly
Save any numbers you may need into your phone to a short dial number before starting your journey.