Staffordshire Police

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Mobile phones

Your questions answered
 
What does the law say?

Since the beginning of December 2003 it has been an offence to use a hand-held phone while driving. This includes phone calls, text messaging and internet access. Those caught using a hand-held phone in this way will be issued with a fixed penalty notice.

Can I still use my hands-free equipment?

As long as the phone can be used without being held, then the law does not stop you using hands-free equipment. However, holding the phone between your ear and shoulder is not classed as hands free. Drivers should also be aware that using even a hands-free phone can be distracting and may increase the risk of having a collision. 

What happens if there's an emergency?

You will not be prosecuted if you have to make a 999 emergency call while driving. This may occur, for instance, if you see a serious collision take place. However, you should ensure your call is made as safely as possible.

What if the phone rings while I'm driving?

If the phone rings you must either let the answer phone take the message and return the call when you are safely parked or pull off the road in a safe place to take the call.

Does this law apply to me?

Anyone who drives a motor vehicle on the road must comply with this law. This includes those driving cars, motorbikes, goods vehicles, buses, coaches and taxis. It also includes those supervising learner drivers.

What should I do if my boss tells me to use the phone while driving?

Your employer cannot make you use a hand-held phone while driving. If your boss tries to insist that you do then he or she might be committing an offence. Point out to your employer that either a hands-free set should be used or that by leaving a message on the answer phone, their call can be returned when it is convenient and safe to do so.

Where can I find out more?

Visit the Department for Transport website at www.dft.gov.uk (Opens in new window)

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