Forums Forums Wirral Information Law And Your Rights Talking on Mobile phone while driving

Is it legal for me to talk on my mobile phone using headphones and microphone if I'm driving? I'm not talking about blue tooth or similar, it's just a boring earpiece set with mic (the one that came with the phone as standard)

I'm not sure what is considered hands free when it comes to talking on the phone whilst driving.

Bit complicated, but does kind of make sense, I hope.

It is NOT illegal to use a mobile phone (or Sat Nav / GPS etc) whilst driving, it is illegal to "hold" it, as you are then deemed to not be in full control of your vehicle. It doesn't matter if you are on the motorway or queued in traffic, it's the same.

OPERATING the device (dialling, entering location etc) CAN also be considered an offence if the officer feels that you are distracted by the device.

If using Bluetooth or voice dial etc the phone can be in your pocket or on the seat as you don't need (and shouldnt) touch it.

If you're using a hands free (cable etc) it's still okay as long as you're not physically touching or operating the phone, even to press ANSWER.

If you do need to touch the phone then it should be in a holder so you don't need to have a physical grip on the phone to ANSWER or END.

As with anything else the better the lawyer you have the more you'll get away with.

Cheapest option - Dont use it.

Cheap Bluetooth earpiece - Under a tenner
Car Phone Holder - Under a fiver


Basically:

Don't hold the phone in your hand.
Don't hold the phone up to ear.
Don't pretend you were leaning on the door when you get caught.

Thank You,
That was a very clear and precise explanation

Looks like I'll be getting a car phone holder today then.

People also assume that having a bluetooth head set makes it legal. It is up to the point where an officer believes it has distracted your driving.

So you can be charged for being on the phone using hands free if your driving becomes dangerous or a concern to a traffic officer.

I remember in the paper and Tv news where someone had been charged for eating an apple while driving. Again it wasnt the apple it was the abuility to drive safely in question. The news papers duely photographed the officer eating a Twix at the wheel a few weeks later lol.

Load of nonsense if you ask me, they do it for the money, there is no difference between fiddling with a mobile or fiddling with your MP3 player whilst driving.

However, it is the law, Elizabeth there is a unit called a Parrot which are excellent and don't leave wires all over the show or nasty phone holders.
They run directly through your stereo and have their own interface with all your contacts shown through your phones bluetooth, reception is Crystal clear too.

My husband has a Parrot and I find that when he uses it I can't hear him very well

We'd better ban screaming children from cars too then as they're one of the biggest distractions going (based on my memory of when my two were little)

But....then police officers are regularly seen using their handheld radios whilst driving!
I'd go with the parrot option, controls are on the steering wheel on mine so hands stay on the wheel unless changing gear (or radio station ;-) ) and you can voice dial as well

Go for the parrot cant go wrong, There must be somthink wrong with your husbands, Could be interference. Mine is clear as day, had no problems. All so used others and had no problems.

The Docs given the best advice, however I don't see the need for people to use mobile phones at all whilst driving unless there is an emergency and you follow the procedure and pull over. There are many well documented cases of fatalities caused through silly little girls and boys texting and using mobiles whilst driving that have left families devastated, is it worth it for the sake of a phone call?

Couldn,t afford a parrot so settled for a big
budgie !!!!!

I've got a Sony BT3700 car radio, the bluetooth hands free is excellent.

You can pick them up second hand for around £35, assuming your car car take a third party radio without too much messing.

There is a need of course particularly if you are in business. It can save hours if you are needed somewhere close to where you have just been if you are on your way back. However I have no truck with anybody if they do not have total hands free. Cars today have built in 'bluetooth' where you actually speak to your car and never need touch your phone at all. If a business person cannot find a suitable car then you can have your phone built in for £275 + VAT (that was the cost when I was in business before 'bluetooth' cars so it might have gone up)This should be considered an essential business expense and can be set against your tax bill, so again there is absolutely no excuse and it is highly dangerous to do otherwise.

BTW My 'Mazda 3 TS2' has built in Bluetooth and is a super car as well, I thoroughly recommend it.

if there going down the rd of unsafe driving shoudnt they man smoking....I mean id rather drop a butty or apple between my legs than a ciggy or the hot ash