GREEN LIGHT FOR BLUE LIGHT HAND-HELD PHONE USE: DfT okays exemptions for emergency services’ mobile phone use
The Department for Transport (DfT) has announced its decision to introduce two new exemptions to the longstanding ban on using hand-held mobile phones while driving. This change is part of the amendment to Regulation 110 of The Road Vehicles (Construction and Use) Regulations 1986.
The move follows a focused consultation with emergency service organisations, which took place between 19 July and 18 August 2023. This consultation was aimed at the emergency services and specifically addressed the use of the existing Airwave Tetra communication system and the upcoming Emergency Services Network (ESN).
Out of 22 responses, 21 organisations supported the exemptions. Respondents, representing ambulance, fire and rescue, and police services, highlighted the critical nature of effective communication during emergencies. They agreed that, despite potential road safety risks, the ability to use these devices while driving is essential. Most agreed that hands-free systems should be preferred but felt the overall benefits justified the exemptions.
Only the Independent Office for Police Conduct expressed reservations. Concerns centred on safety, arguing that hand-held use should not be necessary given modern technology in police vehicles. They suggested that prosecution protections could be managed through a public interest test rather than through legislative exemption. Additionally, they called for more clarity on the differences between ESN devices and traditional radios, as these differences might introduce new risks.
The consultation also raised questions about the scope of exempted organisations. Suggestions included adding HM Coastguard to the list alongside the principal emergency services. Respondents urged that the ESN exemption be introduced swiftly to allow practical testing during ongoing trials.
The Government responded by affirming the necessity of efficient communication for emergency drivers. Officials were reassured after reviewing demonstrations of both devices, which require only a simple ‘press-to-talk’ function akin to conventional two-way radios. The Government stated that any non-essential use would still breach the prohibition.
The exemptions, formalised in The Road Vehicles (Construction and Use) (Amendment) Regulations 2024, were presented to Parliament on 4 November 2024. These regulations will allow emergency service drivers to use Airwave Tetra and ESN devices in hand-held mode but only in press-to-talk scenarios, maintaining the restrictions on other mobile device use while driving.
