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You can now be fined £60 and receive 3 penalty points on your licence.

Penalty points can mean higher insurance costs. Under the New Drivers Act, if you get 6 points within 2 years of passing your test, your licence will be revoked and you will need to re-sit the test. If the case goes to court, you could risk a maximum fine of £1,000, which rises to £2,500 for the driver of a bus, coach, or heavy goods vehicle.

You can also be prosecuted for using a hands-free device if you are not in proper control of your vehicle when using the device. The penalties are the same - £60 fine and 3 points on your licence. And if you are caught driving carelessly or dangerously whilst using any type of phone (hand-held or hands-free), you could face disqualification, a large fine and up to 2 years imprisonment.

Why are the penalties going up?

• It is hard to do two things at once and research has shown that if you are using a mobile phone whilst driving, you are four times more likely to have a crash
  
  
• In fact, if you use any type of mobile, be it hands free or hands held, your reaction times are worse than if you were driving under the influence of alcohol. Tests have shown that reaction times for drivers using a hand-held phone slows reactions by 50% when compared to normal driving and by 30% when compared to being drunk (extract from Direct Line Motor Insurance: The Mobile Phone Report, March 2002)
  
  
• The use of a mobile phone often involves distractions which could be visual, auditory, mental or physical (extract from Direct Line Motor Insurance: The Mobile Phone Report, March 2002)
  
  
• Even if you're a careful driver, it's easy to be distracted by a phone call or text message - and that split second lapse in concentration could result in a crash
  
  
• In 2005, there were 62 collisions resulting in fatal or serious injuries involving drivers using hand-held mobile phones (extract from Department for Transport: Road Casualties Great Britain 2005).

How does the law apply?

You will be breaking the law if you pick up or use whilst driving any type of phone that is, or must be, held to operate it.

‘Whilst driving’ includes when:

• you are stopped at traffic lights
  
  
• you are queuing in traffic

‘Using’ a phone includes making and receiving calls, sending and retrieving voicemail, text, e-mail and picture / video messages and accessing the internet.

To use a hand-held phone legally, you must pull over to a safe place and switch off your engine. Never stop on the hard shoulder of the motorway except in an emergency.

Employers

If you are an employer, you can be prosecuted if you require employees to make or receive calls whilst driving. It is an offence to cause or permit the use of a hand-held phone when driving and to cause or permit a driver not to have proper control of a vehicle.

Are there any exceptions?

• A driver may call 999 or 112 in response to a genuine emergency
  
  
• Two-way radios are not covered by this offence but other devices for sending or receiving data are included if they are held while driving, i.e. a PDA, Blackberry or similar device

Mobile phones and driving don’t mix

Mobile phones have many benefits. They provide security and can be a great help in an emergency. But tests have shown that a driver cannot help being distracted by a phone call or text message resulting in reduced awareness of hazards and slower reaction times.

Furthermore, a conversation on a hands-free phone is no less distracting than using a hand-held one.

The best advice is to switch off your phone whilst driving and use voicemail, a message service or call diversion so you can pick up messages later.

Avoid taking calls even on a hands-free phone. However, if you must answer, say you are driving and end the call.

If you make a call to someone who is driving…

We are all responsible for safety on the roads. If you make a call to someone on a mobile, ask if they are driving. If they are, stop the call and arrange to speak to them again later.

For further information or a leaflet about the law changes on mobile phones, contact Cheshire County Council Road Safety Unit on 01244 973602 or e-mail roadsafety@cheshire.gov.uk

Or visit the DFT website.