19/02/2007
Make Sure You're Hands Free!
MAKE SURE YOU’RE HANDS-FREE !
Sarah Williams, head of criminal law at Watkins & Gunn solicitors explains the new laws on mobile phones.
From 27th February 2007 tough new legislation comes into force increasing the penalties for using a hand held mobile phone whilst driving. It has been illegal since the 1st December 2003 to perform an interactive communication function, which includes reading/sending text messages, making/receiving telephone calls from a hand held device whilst driving. Under the new legislation the fixed penalty has now increased to a £60 fine as well as a 3-penalty point endorsement on your licence. If the fixed penalty is not accepted then the motorist may argue the case in Court. If found guilty or if the motorist subsequently pleads guilty they may be disqualified from driving and fined up to £1,000 for car users and £2,500 for bus, coach or heavy goods vehicles.
The law requires that a driver be in control of the vehicle at all times. So if you are using a mobile phone with your engine running even if you are stationary, (particularly in traffic jams) then you will be guilty of the offence. Even using a hands-free kit is not necessarily enough to avoid committing an offence as if you still need to hold the phone to press a button to receive or make a call whilst driving then it is illegal. Emergency 999 calls can be an exception to the rule if it is unsafe or impractical to stop and make an emergency call.
Sarah Williams is an associate at Watkins & Gunn solicitors, 01495-768932.
|
|
