Is it legal for a supervising driver to use a cell phone while driving? Most states and provinces have rules regulating the use of cell phones while driving. In Canada, there are also regulations regarding cell phones. Here are some of the things you should know about cell phone use while driving:
It is unlawful to use a cell phone while supervising learner drivers on any type of driving lesson. If caught, using your cell phone on a driving lesson could result in a fine and/or several penalty points on your licence. To avoid tempting temptation, you must either put your phone away, in the glove compartment, or leave it at home. Besides, using a cell phone while supervising learner drivers is illegal.
The same applies if the supervising driver is an adult and the learner is a child. Using a phone (including a PDA or cellphone) while driving can lead to serious consequences, including suspension of your licence. If you are caught, you could be given a fine or even an immediate licence suspension. You may lose your freedom to travel and be excluded from some schools, clinics and other institutions, while charges against you may be increased or the length of time your licence is suspended increased. As well, you will not be allowed to apply for a driver's licence reinstatement until the matter is resolved.
Many people mistakenly believe that they can talk on their cellphones while supervising their young learners using a video-link system. This is simply not true. Even with a dedicated video-link system, a supervising driver and a learner cannot discuss any issues concerning the car either verbally or physically. This includes the adjustment of the brakes, changing lanes or other relevant matters as instructed by the driving instructor. It also includes using the telephone, whether or not to make phone calls or to take messages. This violates sections of the Road Traffic Act that makes it illegal to give or supply false or incorrect information through a vehicle instrument (the hand held mobile phone).
No one can reasonably be expected to drive or concentrate on driving while wearing corrective glasses or lenses. Neither can they see where they are going or what is behind them. A dedicated safety helmet protects the eyes, head and neck from injury during an impact. While supervising, the driver must pay close attention to details, but must not wear eye protectors or lenses. Neither should they ride with the sunroof open, as this increases glare and creates discomfort for the eyesight and may also damage the soft tissues of the face.
Mobile phone use by motorway drivers while undertaking driving lessons is perfectly legal provided that they follow the rules and regulations of the DVLA and other driving schools. In the UK, driving instructors are expected to undertake a prescribed driving course, complete with written examinations. If using mobile phones while learning to drive lessons, then all the learners and their supervising drivers must keep a hands-free distance of at least five metres, depending on the age and reading abilities of the motorway driver. Using mobile phones while learning driving lessons is completely prohibited. Should any lessons be undertaken using mobile phones by a student, then this would constitute a breach of the student's right to receive appropriate instruction.
Another matter to consider when using mobile phones while undertaking driving lessons is the distance travelled by the motorway service truck in complete tandem with the learner driver. It is well established that using cell phones while driving can be very dangerous, and can even result in a road traffic accident. A motorway driving test consists of precise manoeuvring of large vehicles at speed on narrow back roads, on the one hand, and on the other hand, the amount of space a motor vehicle needs to be in order to manoeuvre safely is very small. A learner driver must always remain in complete control of the vehicle at all times during a journey on a motorway. Should a learner fail to do so, then their course may be suspended, and in extreme cases, action can be taken against them.
The law does not state who has to be responsible for any accidents or infringement notices occurring whilst mobile phone use by motorway drivers is concerned. It is the learner drivers responsibility to prove that they are not breaking the law, and have done so in a lawful manner. If they are caught using a mobile phone while driving without a hands free device, then a fine of up to 3 months imprisonment can be incurred, or a maximum fine of AED 3 inclusive of penalty points. However, should the learner be caught using a phone when the car is in a stationary position on the road, then both the driver and anyone else in the car will have to pay a penalty of AED 500 inclusive of penalty points. The penalty points can be added up to a maximum of AED 200.