In-car mobile ban plan under attack

DRIVERS should be stopped from smoking and eating while on the road if the Government insists on banning the use of mobile phones, a leading motoring group said today.

A complete ban on the use of mobile phones by all drivers, even when stopped at lights or in a traffic jam, is being considered by the Department of Transport, a spokesman revealed today.

The potential new law could also include action against employers who "cause or permit" the use of hand-held mobiles in cars and would see drivers prosecuted even if they use their shoulder to support a phone and keep both hands on the wheel, or if they use an earpiece or a microphone.

But the AA has hit back at the proposals saying there are many other in-car distractions that can be just as dangerous.

Bert Morris, the AA’s public policy manager, said: "We cannot have a law banning the use of mobiles without one to ban eating, smoking, drinking, applying make-up or shaving for that matter."

"Drivers can already be prosecuted for using mobiles while driving under three different laws: not being in a position to have proper control of a vehicle, driving without due care and attention and dangerous driving."

Mr Morris said fixed penalties could be used to target such distractions which he described as "potential killers".

RAC Foundation executive director Edmund King added: "Drivers face hundreds of distractions while driving, including passengers, pedestrians, posters, cones, congestion and cyclists.

"In the early 60s, many people raised fears about the distracting effects of having a radio in the car.

"The use of a hand-held phone is obviously dangerous and the police should crack down on this activity with or without a specific ban.

"The only problem with specific legislation is where do you stop? Retuning the radio probably causes more accidents than using a mobile."

The Government’s thinking on the subject is contained in a consultation document published today which seeks views from interested parties by November 25.

At present, drivers who use hand-held mobiles can be prosecuted for failing to have proper control of their vehicle.

But the department now wants views on whether a specific offence of using a mobile phone while driving should be introduced.

The new offence could leave drivers subject to a 30 fixed penalty or a conviction of up to 1000.

There are likely to be no exemptions for short-term use such as "hang on while I pull over and stop" but the use of hands-free phones will be permitted as will the use of mobile phones by passengers.

The department said it estimated that any changes to regulations could see the issuing of 100,000 fixed penalty notices a year and about 5000 prosecutions in court a year.

The new offence would also be applied in Scotland, as road safety regulations are a matter reserved for Westminster.

It would be an offence for employers to expect their workers to answer their mobiles while driving.

Handheld mobiles with earpieces attached would be affected by the ban.

However, mobile units which operate in-car without the need for an earpiece would be allowed.

These mobiles can normally be used at the touch of a button and are considered safer for driving.

The Department of Transport has spent 250,000 in a campaign to discourage car users from talking on their mobile phones while driving, but has stopped short of a ban in the past.

However, after a review of the legislation, the department has now decided that the issue must be tackled by a change in the law. Road safety minister David Jamieson said: "There is still a core of motorists who are ignoring these warnings.

"We are now consulting on the introducing a specific offence of driving while using a hand-held mobile phone."

The number of drivers using mobiles has grown from 1.5 per cent in November 2000 to 2.2 per cent in April this year, according to the department.

Louise Ellman, a Labour member of the Commons Transport Committee, told BBC Radio 4’s PM programme: "I think we have to do everything that is possible to reduce deaths and casualties on the roads.

"The Government has said that it wants to reduce deaths and injuries on roads by 40 per cent and the connection between hand-held mobile phones and driving is one of the important things we have to look at."