Introduction
Most people are aware that it is against the law to use a handheld mobile phone while driving a vehicle. However, many people would not be readily aware that HGV drivers not only face police prosecution if caught using a handheld mobile phone, but also further repercussions from their local Traffic Commissioner.

The Law
Since 1 December 2003, under an amendment to the Road Traffic Act 1998, it has been illegal to drive in the UK while using a handheld mobile phone. Previously the only way a motorist would face prosecution for this would be if they were charged with failing to keep control of their vehicle while using the phone. However, the mere use of the telephone is now enough to result in prosecution.

Strictly speaking, while mobile phones may be used in conjunction with hands-free devices, they are ultimately a distraction and a driver using a hands-free mobile phone is still open to a charge of careless driving should a police officer think that they are driving poorly. An operator would be poorly advised to encourage their drivers to make and receive calls using a hands-free kit as a matter of routine. Any operator regularly expecting this of their drivers could ultimately face prosecution under health and safety laws in the event of an accident.

Penalties for Using a Phone When Driving
A driver can be issued with an automatic fixed penalty notice if caught using a handheld device while driving. The fixed penalty sees the driver’s driving licence being endorsed with three penalty points and a fine of £100.

If the case goes to court, a driver can be disqualified from driving and a HGV or PSV driver could receive a maximum of fine of up to £2500, compared to a maximum fine of £1000 for an “ordinary” motorist.

Handheld Device
It is not only a mobile phone that can see the prosecution of a driver, it goes wider than that. The term “handheld device” covers anything that can be used for making or receiving voice calls or communicating. This can therefore also include iPods and tablets. Drivers must be aware that communicating back to their employer — messaging / emailing about a delivery, for example — would still see them liable for the same prosecution as if they were speaking with a mobile phone.

Driving
Drivers sometimes believe that being stationary, for example at traffic lights or stuck in a large queue of traffic, offers them the opportunity to make or receive a quick call or to read or send a text message. It must be made clear to drivers that, from a legal perspective, they are still deemed to be driving in this scenario, even though their vehicle is not in motion. Prosecution is therefore still an option for a police officer that witnesses such behaviour.