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Ross Durkin
Member - 1 post
Can someone provide me with a clear definition of what constitutes an offence under the new legislation covering the use of hand-held mobile phones while driving. Also, what are the penalties.
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Adrian Waltho
Member - 27 posts
Ross,
The legislation banning the use of mobile phones in cars has not been drafted yet. You can download a copy of the Department for Transport's decision letter and summary of responses to the consultation on the proposal to introduce legislation here:
http://www.dft.gov.uk/stellent/groups/dft_rdsafety/documents/page/dft_rdsafety_508356.pdf
This gives an idea of what the legislation will cover, if not the actual wording they will use. The wording they have used in the above letter is:
"drivers speaking or listening to a phone call, using a device interactively for accessing any sort of data, which would include the internet, sending or receiving text messages or other images [is an offence] if it is held in the driver's hand during at least part of the period of its operation."
We have put up an article today regarding this very point. You can access it at:
http://www.workplacelaw.net/display.php?resource_id=3977
This should help clarify what will and won't be seen as an offence under the legislation.
Regarding penalties, once the legislation comes into force offenders will face fines ranging from £30 to £1,000 if the case goes to court.
Hope you find this information useful.
Regards,
Workplacelaw Network
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