Ever Thought About Using A Mobile Phone Whilst Driving?

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."

An offence would be committed by:

Using the phone and holding it in the hand when driving. At some point during the course of receiving or making a call or sending a text etc, the driver holds the phone in his hand, even if momentarily. Holding the phone to answer an incoming call even if immediately after holding the phone to answer it, he puts it down and uses the hands-free kit. An offence would not be committed by:

A call being made or answered by pressing a button on an earpiece or the phone keypad, when the phone is...