IT HAS BEEN ARGUED (with some justification) that even using a mobile phone in hands-free mode is risky. Now the UK government has announced new rules that make using a hand-held phone in any way while at the wheel will face a fine and loss of demerit points.
Making calls or texting on a hand-held mobile while driving is already against the law in the UK, as it is in Australia, however scrolling through music playlists, playing games or taking photographs have up until now not been included, and drivers have been able to exploit the legal loophole because these activities fell outside the scope of ‘interactive communication’.
An example is from 2019, when the High Court overturned the conviction of 51-year-old builder Ramsey Baretto, who had been using his phone to film the scene of a collision as he drove by. Clearly, the exemption is nonsensical … using a mobile phone to film or photograph is probably more dangerous than using a phone to make a call, since you need to watch what you’re photographing or filming, rather than watch the road.
Road safety group GEM’s chief executive Neil Worth warned it was now vital for more roads policing officers to be available to ensure the new law would be effective. “The update to this law is welcome, because any activity involving a mobile phone while driving is a potentially fatal distraction,” he said.
“But we must see more police patrols out there looking for the drivers who continue to flout the rules. Action needs to be taken against anyone who is prepared to risk their own life – or someone else’s – by selfishly using a hand-held phone while driving.”
Specific mobile phone driving laws were introduced in December 2003 which saw motorists handed a £60 fine for an offence before rising to £100 in 2013.
Fines increased to £200 and penalty points endorsements doubled in 2017, to act as a further deterrent.
In Australia, rules and penalties vary from state to state, but in NSW use of a mobile phone while driving or riding incurs a $349 penalty, or $464 if in a school zone and the loss of five demerit points (rising to 10 demerit points during double demerit periods).
Simple tips regarding mobile phones and driving:
- You’re allowed to use a mobile phone when you are safely parked, with the engine off and the handbrake on.
- Do not pick up your phone in any other driving situation, including when you’re stationary at traffic lights or queueing in traffic.
- The only exception to this is if it’s an emergency and it would be unsafe or impractical to stop, in which case you may call 000.
- Don’t assume that using a hands-free kit means you have dealt with the risk. You are still allowing yourself to be distracted from the task of safe driving, and you could still be prosecuted for not being in control.
- Take a few minutes before a journey to make important calls or to check voice messages and emails. Work together with friends, family, colleagues and work contacts to remove the expectation that we should all be available, all the time.
- Plan journeys to build in breaks from driving, where you can call, text or email or interact with social media in a safe environment.