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From 1 December 2003, it is illegal to drive while using a mobile phone. Anyone caught using a mobile phone while driving faces a minimum of £30 fine.

The new law could lead to fines of up to £1000 for offenders if the matter goes to court. The penalties are stiffer for the drivers of buses, coaches, vans and lorries, who face a possible maximum of a £2500 fine. Drivers won't get points on their license - yet. The Government plans to increase the penalty to £60 + 3 penalty points in the future, when parliamentary time allows.

Studies carried out by the AA Trust have shown that drivers are 4 times more likely to be involved in an accident while using a mobile phone. Another study by the AA has shown that the ban is supported by 93% of motorists, however a report by the RAC published in October 2003 found that up to one third of drivers were either ignorant of the new law or plan to ignore it.

Special cases

• The law does not extend to hands-free use of equipment. Similarly, users will not be prosecuted if the phone is held in a cradle. Drivers should exercise caution while using a hands-free kit as it's still a distraction from driving.

• Driving with the phone balanced between shoulder and ear doesn't count as hands-free

• Texting while driving is not permitted under the new legislation

• You cannot answer incoming calls while driving. If the phone rings while the car is moving, then the driver must stop at the side of the road before answering.

• The ban also applies to driving while stopped at traffic lights or in a traffic jam. While the car is under the control of a driver, then that driver cannot use a mobile phone. An exception is made in lengthy tailbacks when the engine is turned off.

• Calls to 999 (or 112) in genuine emergencies are permitted where it would be unsafe or impractical to stop.

• Two-way radios can still be used, but only if the radio cannot also function as a mobile phone. Using a dual function radio/phone is illegal even when only the radio function of the device is used.

• There are no restrictions on passengers using mobile phones.

• The law requires that drivers be in control of their vehicle at all times. This means that the police can still act if they see a driver distracted by things like eating a sandwich, shaving, or drinking from a bottle while driving.

Further Information

Find out more about the new law on the Department for Transport website.