Is it illegal to be talking into your mobile phone while driving?

Question

I was under the impression that it was, but today in Kingston-Upon-Thames I saw a lady on her phone pulled over by the police while they were doing a car-tax check, and literally 30 seconds later she was on her way again.

And no, she was using a hands-free kit, she was holding the phone up to her ear.

So, can someone please explain the current situation?

Answer 1

It's against the law to hold anything in your hands while driving - mobile phones, food, drink, etc.
I think there are about three explainations for why nothing was done with the lady. 1. Police are human too - they made a mistake, didn't notice, didn't care enough, gave her a break. 2. The police were doing a specific job and punishing her for breaking this law would involve taking a large amount of time and paperwork that would take them away from what they were doing originally. 3. They did give her at least a verbal warning which you didn't notice.

Answer 2

I look at all sides of the arguement but there have been many studies that clearly show that using a phone while driving - hands free or not - increases the risk of having an accident. When I was working as a nurse, I saw an entire family come through the hospital who had been hit by a driver on a phone. Parents were both killed, little boy died on the operating table & other child lived but is a vegetable. Now - you tell me that using is phone is safe! No matter what we all might think, we should consider the statistics & take this matter seriously. Driving does need a lot of concentration to do it safely & avoid accidents. I wonder how any of us would feel if a relative of ours was injured or killed by someone who flouted this law. Please don't deny the statistics. We use various parts of our brains whilst driving, talking etc & when using a phone, it is different to just talking to someone who is in the car with us. We use different parts of our brains as the message is coming in through on ear only. I was overtaken yesterday by a driver who was texting. Chop off his bloody hands if I had a chance. Sheer madness. Please THINK about this law. I know that some are real killjoy laws & we can't see the sense in it - but I do believe that this law hasn't gone far enough.

Answer 3

Yes it's illegal, but if you were a cop and the lady said, "I'm just on the phone to the hospital, my daughter fell off a wall at school and has been taken there unconscious." would you give her a ticket???

I'm not saying that was what she said, but unless you know the entire situation you can never judge it.

Police have the power to use discretion in matters like these and if the lady passed the attitude test, then it's pretty normal for the police to issue a warning/words of advice and send her on her way.

The police aren't all heartless bullies as some people on here would have you believe.

Answer 4

It's illegal to be holding the phone and using it.

But if you're using a hands free kit and not holding the phone it's ok.

And you are allowed to use your fingers to press buttons on the phone whilst driving, so long as you're not holding the phone!


p.s. Why do people keep saying stupid things like "it depends where you live".?
It doesn't matter where you live....Anyone driving round Kingston-Upon-Thames holding and using a mobile phone is breaking the law, regardless of where you actually live

Answer 5

It is illegal and as far as I'm concerned, anyone caught using one should have a hand cut off! It's as bad as giving someone a loaded gun. A few years ago, I was on duty at the hospital when a family was brought it following a crash - a driver using a mobile had hit them. The mother & father were both killed & two young children very badly injured. The boy age 11 died on the operating theatre & I had to send his body to the mortuary as an unnamed child as we didn't have his details. His sister survived but had head injuries from which she never recovered.
Recently, I reported a driver to the police who almost hit us whilst she was driving with a mobile. The response was that there was nothing we could do unless there was another witness. Stand by the side of any road and you will witness these a**eholes. Shoot them all I say!

Answer 6

In the UK it is against the law to use a mobile phone whilst driving, unless you have a hands free kit, if your caught you will be fined and could even get points on your licence, not enough is being done, Where I live in the West Midlands of England therewere over 4,00 motorist fined for this ooffence, there were 3,864 on spot fines and 61 taken to court, in Manchester England 8,239 were fined and in the Metropolitan areas of London England the same amount were fined.

What should hapeen is that if they have an accident their insurance company should not pay for any damage to their car.

Answer 7

The lady in question must have been attractive to the officer, or she could be an officers wife. They are the only reasons I can think of that they would have let her go. Our police are tired of the amount of paperwork involved in arresting people, so I would assume for such a minor (if not dangerous), offence she was allowed to go on her merry way. Yes it is illegal to drive whilst holding a mobile phone.

Answer 8

In Britain it is illegal to use anything that takes your attention away from the car and the road.. with exception to making 999 calls, or CBs?.... however the police can still pull you over and fine you if they think that you - at anytime, seem out of control of your car.. and that includs eating.

the phone must be left in cradle, you are allowed to press the answer button, but not allowed to handle it... even when in traffic where there is chance that you are going to have to move off.... I think I've heard that they say you must be pulled up with your handbrake on, with no intention or need to have to move off.

I think they may have let her off that time, but it may due to their judgement, i think it is still a 30 to 1000 pound fine.... trouble is police cant do anything right... if they fine you then they are gits and if they let someone go.. someone is still going to think they are gits... although I REALLY hate it when I am held up behind a wandering driver/ or someone dithering on a round-about and then you see they are on a phone.

I dont know why they dont stop smoking whilst driving, whats more dangerous than having an ignition source fall in your lap whilst driving.

I was once driving past a school in a 20 zone whilst the school was kicking out, with a parent driver sitting less than a meter away from the back of my car in a huge 4x4, weaving around and when i pulled over they accelerated passed, cigerrette in mouth, phone to her ear, and kids all over the place in the back.... and according to insurance companies as a bloke im the dangerous one!?

Answer 9

It is illegal. There is a fixed penalty so she may have been given a ticket. The police officer may write fast (30 seconds is probably long enought to write a ticket)! She's a very stupid woman, anyone using a mobile phone whilst driving is, I see them most days. Some people never learn.

Answer 10

It is illegal, in the UK, and in most other EU countries, to use a mobile phone while driving, and also to eat and drink while driving, not sure why it is still legal to smoke while driving given the other things you cant do. They could not 'do' her for using the phone as she was only pulled in for a routine car tax check, they would have told her not to do it again, and sent her on her way. If they had seen her driving and using the phone and pulled her in for that then they could have prosecuted her.