Understanding ‘ mobile phone use ’ while ‘ driving ’
Up to now , we have been talking rather uncritically about ‘ mobile phone use while driving ’. However , research has shown that many people do not know what it means to use a mobile phone while driving . This includes police officers as well as members of the public ¹, and is easy to understand given the complicated language of the law , the ways laws are simplified in the media , the ways people talk to each other about what is ‘ ok ’ and what isn ’ t , and the range of capabilities and types of technology that we have now .
Whilst not the only law that can be used to prosecute mobile-using drivers ( see page XX ), The Road Vehicles ( Construction and Use ) ( Amendment ) ( No . 4 ) Regulations state that :
“( 1 ) No person shall drive a motor vehicle on a road if he is using — ( a ) a hand-held mobile telephone ; or ( b ) a hand-held device … other than a two-way radio , which performs an interactive communication function by transmitting and receiving data .
( a ) a mobile telephone 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 … ( c ) ‘ interactive communication function ’ includes the following : ( i ) sending or receiving oral or written messages ; ( ii ) sending or receiving facsimile documents ;
( iii ) sending or receiving still or moving images ; and ( iv ) providing access to the internet .”²
This legislation was developed in 2003 , and has not been amended since ( though the penalty has , of course , changed ). This is despite the capabilities of mobile phones in 2003 as being dramatically different to what they are now - from a device able to receive some 2G phone signal , send / receive messages and make calls , to a device that is , essentially , a fullyfledged computer and entertainment system you can fit in your pocket .
New challenges also stem from the creation of devices such as smartwatches that are worn rather than held , and whether their ‘ use ’ constitutes an offence using this legislation . During 2019 we saw the start of a debate around the need to change the law , and a Transport Select Committee report on handsfree use . The report , and the Government ’ s response , are worth a read 3 .
Can I ….? If you find yourself being asked if a particular activity is ‘ allowed ’ or not ( as we get asked all the time ), or if ‘ they can do you for it ’ or not , try reframing the question in terms of whether you ‘ should ’ rather than ‘ can ’. We shouldn ’ t be focussing on what is legal , so much as what is safe - and unfortunately these aren ’ t always the same thing .
¹ Savigar , L ( 2018 ). Preventing mobile phone use while driving : appreciating the equivocal nature of identity , safety and legality in an uncertain world
( Unpublished doctoral thesis ). Keele University , Staffordshire . ² The Road Vehicles ( Construction and Use ) ( Amendment ) ( No . 4 ) Regulations 2003 : 1 .
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House of Commons Transport Committee ( 2019 ) Road Safety driving while using a mobile phone ( Twelph report of session 2017 / 19 ) http :// publications . parliament . uk / pa / cm201719 / cmselect / cmtrans / 2329 . pdf and the Government Response : http :// publications . parliament . uk / pa / cm201920 / cmselect / cmtrans / 237 / 23702 . htm
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