Consistency sought on use of hands-free headsets in cars

If you are one of the many drivers who have been baffled after being fined for wearing a hands-free headset, you might be pleased to know that both the wardens' operators and the Association of Local Councils are just as confused.

The issue of hands-free headsets is such a grey area that association president Ian Micallef has just asked for detailed information from the local tribunal in an attempt to establish once and for all whether it is illegal to drive while using the apparatus.

Still, hundreds have been stopped and slapped with fines by local wardens for plugging into their ear a light set which connects them to their phone through a cord.

Statistics obtained from the Guard and Warden Services Ltd, the main warden operators, show that 2,257 drivers were fined this year for "not being in complete control of the vehicle" and another 3,697 reprimanded for "wearing headphones or other similar device, which hinders hearing or is likely to hinder from hearing properly".

As things stand, the law is subject to interpretation, with the tribunal and wardens basing their judgments on these two wide ranging regulations.

When contacted, Dr Micallef admitted that he disagreed with the way the law was often being interpreted. "I don't believe it's a distraction when you wear a hands-free set, especially since you are not impaired from hearing from both ears.

"If the law establishes that they're illegal, then even playing a stereo in a car should be deemed illegal - and that would be bizarre.

"We live in a time when communication has improved to the extent that you don't even need to hold your mobile phone. And the law should be moulded to reflect that."

Dr Micallef has asked the different local tribunals for information on how they were interpreting the law and to establish whether there was any consistency. After this, he intended to approach the law enforcement system committee to establish clear guidelines.

Kenneth DeMartino, general manager of Guard and Warden Services Ltd, insisted that wardens had no specific instructions to reprimand drivers who wore mobile phone headsets. He admitted that several wardens and the tribunal were interpreting hand-free sets as another form of head-phones - which is ultimately debatable.

"The final decision finally lies with the local tribunal but, yes, clear guidelines would simplify life for everybody," Mr DeMartino said. In the meantime, more drivers are getting booked by over-zealous wardens.

A 21-year-old driver from Mosta said he was booked twice in the space of two minutes by the same warden for "not being in complete control of the vehicle" and for "wearing headphones".

Last December, the British Department for Transport made it an offence for motorists to hold a mobile phone while driving in the UK. But drivers are allowed the use of hands-free sets.

The Department for Transport set out the new law as follows: "The use of a hand-held phone or similar hand-held device while driving will be prohibited.

"A hand-held device is something that is or must be held at some point during the course of making or receiving a call, or performing any other interactive communication function. Provided that a phone can be operated without holding it, then hands-free equipment is not prohibited by the new regulation".