Mobile phone use in cars

MCC Submission to Department for Transport, November 2002

PROPOSAL FOR AN OFFENCE OF USING A HAND-HELD MOBILE PHONE WHILE DRIVING

Question 1

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

Yes, I agree with the proposal to ban the use of hand-held mobile phones by drivers.

Yes

Please explain your reasons:

The evidence clearly shows that motorists using phones whether hand-held or not are much more likely to crash. Some of this evidence is put forward in your annexe B. The proposed ban should be therefore implemented as soon as possible.

In the light of the evidence, it would be irresponsible, bordering on negligent, of the DfT not to implement a ban forthwith.

Question 2

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

Yes, I agree that the proposed new offence should not include hands-free mobile phones.

No, I consider that further action is required on the use of hands-free phones by drivers.

no

Please explain your reasons (if you have answered "no" please say what action you think should be taken):

The evidence is clear that the most dangerous aspect of using a phone while driving is that the driver's mind is distracted - this applies whether the phone is hand-free or not. Indeed the likelihood of a crash is still high even after the phone call has finished while the driver ponders the outcomes of the conversation he has just had, and his mind is not 100% on driving.

Therefore the proposed offence should most definitely include hands-free phones

 

Question 3

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

Yes, I agree that there should be no exemptions.

Yes

No, I consider that there should be exemptions.

Please explain your reasons (if you consider that exemptions should be permitted, please say what they are and why you think each one is necessary):

Driving on the public highway puts drivers themselves, their passengers, and other road users at risk. Other road users include pedestrians and cyclists, who if involved in any sort of collision with a motor vehicle are very likely to be seriously injured or killed. This responsibility demands that drivers give 100% of their attention to driving their vehicles.

There should be no exemptions from the proposed offence

Question 4

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

Yes, I agree that the penalty should be raised in this way.

Yes

No, I do not agree that the penalty needs to be raised.

Please explain your reasons:

Penalties for ALL driving offences should be much stiffer. Small numbers of points on driving licenses and small levels of fines are almost no deterrent to the appalling and criminal driving standards on UK roads which result in ten dead and 100 maimed every day.

If DfT is serious about its road safety targets it MUST address this. Once using a phone while driving is banned, any contravention of the legislation should be punished by a driving ban of perhaps 3 to 6 months. The same should automatically apply to speeding offences, to red-light offences, and to all dangerous driving offences, with the length of ban linked to the seriousness of the offence and/or any resulting crash.

Two examples

  • 2mph over the limit = 3 month ban
  • 10 mph over the limit leading to crash in which another road user is killed = lifetime driving ban.

Until serious deterrents are available in law and applied by police and courts, criminal drivers will continue to get away with murder.

 Question 5

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

 Not being a legal expert it is hard to comment… In simple terms this should be worded to include ALL phones, whether or not hands are needed to dial or hold the phone or any other aspect of phoning.

Repeat of above: the evidence shows that the diversion of the driver's attention away from driving is in itself dangerous

It is right that the new regulation should apply in all circumstances other than when the vehicle is parked and with the engine off, i.e. the prohibition would apply even if a vehicle was paused at traffic lights or stopped in a temporary traffic jam or in very slow moving traffic. Otherwise there would be too many grey areas for drivers and their lawyers to exploit.

Question 6

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

This page shows that the evidence demands action. It also shows that most drivers would understand and support the proposed ban.

However I strongly object to this line:

"The Department considers that a ban on the use of hands-free mobile phones would be difficult to enforce."

That may be the case, but it is not a case for omitting hands-free mobile phones from the legislation. In the case of serious injury or death resulting from a crash in which the driver was using a hands-free mobile phone, it would be easy to prove from the mobile phone service provider's records that the phone was in use at the time of the collision.

 

Question 7

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

 Thank you for accepting this submission by email!

 If you have any concerns about the way this consultation has been consulted, you may send them to Martin Leppert, DfT, Zone 4/12, Great Minster House, 76 Marsham St, London SW1P 4DR or e-mail: martin.leppert@dft.gsi.gov.uk

 Please return this form by Monday 25 November 2002 to:

David Peagam

Road Safety Division

Department for Transport

Zone 2/11, Great Minster House

76 Marsham Street

LONDON SW1 4DR

Direct Line: 020 7944 2046
Fax: 020 7944 2029

Or email: roadsafety@dft.gsi.gov.uk