HC Deb 02 November 2001 vol 373 cc863-4W
Mr. Drew

To ask the Secretary of State for the Home Department what guidance has been issued to police who stop people who are using a hand-held mobile phone when driving. [11787]

Mr. Denham

[holding answer 1 November 2001]: There is no specific offence of using a hand-held mobile phone while driving, and accordingly no guidance has been issued. Existing legislation places the responsibility on drivers to have proper control of their vehicles at all times. Any motorist who fails to do so, for whatever reason, is liable to be prosecuted by the police. Drivers may be charged with failing to exercise proper control of a vehicle, careless and inconsiderate driving, or even dangerous driving, if using a mobile phone causes them to drive in such a manner.

In line with the commitment given in the Road Safety Strategy we are keeping under review the case for specific legislation. At present, however, we share the view of the Association of Chief Police Officers what existing legislation provides sufficient powers to prosecute successfully any driving offences that may arise from the use of mobile phones. Our focus is therefore on raising awareness of road safety risks.

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