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ARTICLE · 22 OCTOBER 2012

Ever Thought About Using A Mobile Phone Whilst Driving?

DMH Stallard LLP
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Mobile phone offences are a hot topic at the moment and police are clamping down on drivers using their phones.

United KingdomTransport
Mark Anthony Rayner
Mark Anthony Rayner

Mobile phone offences are a hot topic at the moment and police are clamping down on drivers using their phones.

There are three offences:

1. Using the hand-held device while driving

2. Causing or permitting another to drive while using a hand-held device

3. Supervising a provisional licence holder while the supervisor is using a hand held device

The device is one, other than a two way radio, which performs an interactive communication function by transmitting and receiving data.

Is it lawful to use a mobile phone with a hands free kit and still have a conversation while driving?

The Regulations define a hand held device as follows:

"a mobile phone or other device is to be treated as hand-held if it is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function."

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