Proposed exemption from the offence of using a hand-held mobile phone while driving: users of Airwave Tetra and the Emergency Services Network
Published 4 November 2024
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This publication is available at https://www.gov.uk/government/consultations/allowing-emergency-services-drivers-to-use-hand-held-devices-while-driving/outcome/proposed-exemption-from-the-offence-of-using-a-hand-held-mobile-phone-while-driving-users-of-airwave-tetra-and-the-emergency-services-network
The Department for Transport (DfT) undertook a consultation on its proposal to introduce 2 new exemptions to the prohibition on using a hand-held mobile phone while driving – contained in Regulation 110 of The Road Vehicles (Construction and Use) Regulations 1986.
The proposed exemptions would allow emergency services drivers to use a hand-held device when communicating through the:
- existing Airwave Tetra system
- forthcoming Emergency Services Network (ESN) system
The consultation was narrowly focussed to seek only the views of the emergency services. A targeted letter was sent to organisations representing the emergency services. It took place from 19 July to 18 August 2023.
Consultation responses
The government received 22 responses. Of those responses:
- 3 were from NHS Ambulance service organisations
- 5 were from Fire and Rescue service organisations
- 13 were from Police service organisations
- 1 was from the Police regulator – Independent Office for Police Conduct
Support for the proposed exemption
21 out of 22 responses agreed with the proposals to establish exemptions for emergency service drivers using Airwave Tetra and Emergency Services Network devices in hand-held mode.
These respondents stressed the importance of emergency service drivers being able to communicate while driving, particularly in an emergency situation where the giving and receiving of information about a developing situation was vital.
Respondents generally recognised the road safety risks and acknowledged that hands-free systems should be used wherever possible. Nonetheless, they considered that the operational benefits of allowing these exemptions outweighed the risks.
Concerns about the proposed exemption
The Independent Office for Police Conduct expressed concerns about the proposals on the grounds of risk and distraction. They took the view that hand-held use should not be necessary because police vehicles should have the technology to facilitate hands-free communication. They thought that the public interest test would provide sufficient protection against prosecution rather than an exemption.
They also thought that there was a lack of clarity on the technical ability of the ESN devices and how much they will differ from traditional 2-way radio. Their point is that differences in physical manipulation required could generate an additional risk than the ones that exist for conventional 2-way radio.
Stakeholder suggestions
The consultation letter asked for any suggestions about how the exemption for Airwave Tetra and ESN should be framed. The principal suggestions offered by respondents related to the scope of the organisations exempted, namely the 3 recognised principal emergency services – Ambulance, Fire and Rescue and Police – and HM Coastguard.
It was suggested that the ESN exemption should be brought in as soon as practicable to allow for the testing of devices on the road as part of the wider trialling.
Government response and next steps
Emergency services drivers must be able to communicate while driving. They undertake crucial work where the instantaneous giving and receiving of information is vital for operational effectiveness. Holding and using a 2-way radio while driving has long been an accepted part of the emergency driver’s role. That is why such use was excluded when the prohibition on using a hand-held mobile phone or other hand-held device was introduced.
In the 20 years and more since then, technology has advanced and the more sophisticated devices used by emergency services drivers perform wider communication functions, with 2-way radio embedded in them. This has given rise to a degree of uncertainty about whether the use of the devices falls within the scope of the prohibition. This uncertainty is unhelpful.
The government takes seriously any representations about safety concerns but in this case, it is satisfied that the change will not have adverse effects on safety. Officials sought a demonstration of both the Airwave Tetra and the ESN devices to determine the level of physical manipulation and concentration. Both the Airwave Tetra and ESN devices have a distinct physical ‘press-to-talk’ button and require no additional operating procedures compared to existing 2-way radios.
Accordingly, the government has decided to implement the proposal to establish a new exemption from the offence of using a hand-held mobile phone in circumstances where emergency services drivers use Airwave Tetra and ESN devices. The exemption will only apply to use in press-to-talk mode, any other use of the devices in hand-held mode while driving would contravene the prohibition.
These changes are contained in The Road Vehicles (Construction and Use) (Amendment) Regulations 2024, which were laid in Parliament on 4 November 2024.