Mobile Phone and Driving - The Law
Mobile Phone and Driving - The Law
It is illegal to drive a vehicle or ride a motorbike and use a hand held mobile phone or similar device. It is also illegal to use a mobile phone while supervising a learner driver.
The offence will attract 2 penalty points on payment of a fixed charge and 4 penalty points on conviction. In addition, a person could face a maximum fine of €2,000 on conviction.
The Dangers Of Using A Phone When Driving
It is very dangerous to use a mobile phone while driving, whether you are having a conversation or texting someone, because you are not concentrating fully on the road in front of you. A momentary lapse can cause an accident and put you and others at risk. Research has shown that your reaction speeds are up to 50% slower than normal when driving and using your mobile phone. It also reveals your reaction speeds are up to 30% worse than when driving under the influence of alcohol. You are also four times more likely to have a crash if you are using your mobile phone when driving.
Using Hands-Free And Other Equipment
Motorists are allowed to use hands-free equipment but if you drive poorly due to being distracted from a conversation, then the police can prosecute you with failing to have proper control of the vehicle.
Using a Mobile Phone (Cell Phone) whilst Driving.
The Road Traffic Act 2006 (Section 3) makes it an offence to drive a vehicle while holding a mobile phone. An offence is committed by holding a mobile phone while driving and it does not matter whether or not the phone was being used or even if it was switched on at the time.
"Bluetooth" and other hands-free devices do not come within the scope of the prohibition. The definition of 'holding a mobile phone' covers holding it by hand or supporting it with some other part of the body. The definition prohibits the practice of cradling a mobile phone in the nook of the neck and shoulder.
The offence will attract 2 penalty points on payment of a fixed charge and 4 penalty points on conviction. In addition, a person could face a maximum fine of €2,000 on conviction.
Gardaí can pursue drivers using mobile phones and charge them with careless driving even if no accident has occurred.
Gardaí also have the power to check telephone records if they suspect that a driver was involved in an accident whilst using a mobile phone.
We recommend you switch your phone to voicemail, message service or call diversion while driving and return any calls once you have finished your journey.













