Drivers punished for using 'wrong type of hands-free device'

According to the ABD, a voluntary body with the objective "to lobby for the beleaguered British motorist," the proposed legislation takes a harder line than the rest of Europe, banning mobile use even when a car is stationary.

The ABD says that at least 14 countries in Europe have already introduced a ban on hand-held mobile use in the car, but only Spain and the Republic of Ireland have banned hands-free kits. The Republic of Ireland is now reviewing its legislation, which has proved difficult to enforce.

Up to six million drivers face fines of up to £1,000 for using the "wrong type of hands-free device," the ABD claims. It argues that new research shows headsets and earpieces are the most popular hands-free devices; that the proposed law ignores risks caused by other in-car distractions; and that 80% of the UK public say hands-free systems should not be banned.

Other motoring organisations and mobile phone companies are also campaigning against the ban, which is likely to be introduced in 2003. The Department for Transport is currently considering responses to a consultation document which proposed to make it an offence to use any hands-free kit, apart from installed kits wired into the car's speakers. Although they are significantly more expensive, argues the ABD, there is no evidence to show that these kits are safer than earpieces or headsets.

The UK ban will also include wireless Bluetooth headsets, the wireless technology that is widely predicted to play a key role in hands-free mobile operation – although Bluetooth can be legally used to wirelessly connect a mobile phone to a kit that is wired into the car's speakers.

George Tennet of JABRA, a mobile brand owned by the GN Netcom Group, said:

"We have told the Government that our main concern is that this law will cause confusion amongst the majority of motorists who are already taking a responsible attitude towards mobile phone use in the car. Our research shows that 51% of drivers, who admit to using their phone in the car, already use some kind of hands-free device. The research commissioned by JABRA showed that 43% of the UK's drivers who own a mobile currently admit to using their mobile in the car. That represents around 16 million licensed drivers in the UK. Of these drivers, 51% use some type of hands-free device."

He added:

"Based on our research, we can reasonably estimate that around 6 million drivers currently use a headset or earpiece device, compared to just over 2 million using an installed car-kit. We think the new law should concentrate on the 8 million drivers who don't use any kind of hands-free device and are most likely to put themselves and others at risk."

The Government estimates that "approximately 100,000 fixed penalty notices could be issued each year and about 5,000 prosecutions in courts as a result of the creation of a new offence". JABRA says that this calculation fails to take into account the scale of mobile phone use by the UK's drivers.