Learn and Live - October 2002

MOBILE PHONES AND DRIVING
PROPOSAL FOR AN OFFENCE OF USING
A HAND-HELDMOBILE PHONE WHILE DRIVING

RESPONSE TO THE CONSULTATION PAPER

INTRODUCTION

Learn a Live has long supported the introduction of a specific offence relating to the use of hand-held mobile phones while driving.

We welcome these proposals and trust that the resulting legislation will be adequately enforced.

Our response follows the order of the paper itself.

1. Do you agree with the proposal to introduce a specific offence to ban the use of hand-held mobile phones by drivers?

Yes we agree with this proposal.

All the research points to the deterioration in concentration on the driving task whenever a driver uses a mobile phone.

Arguments that use of a mobile phone while driving is no different to listening to the radio or passenger is a totally false comparison.

Passengers and radios can be ignored immediately if drivers perceive a hazard; this is far more difficult to do at speed when in conversation with a person who is not physically in the car, particularly if this person is an employer.

The brain does not concentrate on more than one task at a time, however fast it can switch and appear to be able to do so.

Unfortunately too many drivers over-estimate their own ability to deal with such a distraction and therefore it must not be left to their own choice, legislation must be used to specify this as a particular offence.

Texting must be included and specifically referred to in the legislation as part of the offence.

2. Do you agree that the proposed offence should not include hands-free phones?

Learn and Live would strongly urge that hands-free phones should also be an offence for all but specially trained drivers such as the Police, Fire Officers, Ambulance Drivers and other special categories.

However, we accept that this is unlikely to be adopted at present and would not wish the ban on the use of hand-held phones to be delayed.

We trust that the Department will keep this option under review in the light of continuing research.

3. Do you agree that there should be no exemptions from the proposed offence?

Yes. The more opportunities there are for confusion the more likely the law is to fall into disrepute.

4. Do you agree that the new offence should be subject to penalty points and discretionary disqualification when a suitable opportunity arises?

Yes. The current fine is not sufficient to discourage business users nor to act as a deterrent.

5. Do you have any comments on the detail of the proposed new regulation set out in Annex A?

We trust that there will be no weakening of the proposals when the regulation is introduced.

6. Do you have any comments on the partial Regulatory Impact Assessment (Annex B)?

Learn and Live does not consider that there should be any real problem with the implementation of this legislation.

7. Do you have any comments to make on the consultation process?

None.

Learn and Live has no objection to its response being made public.