Using a mobile phone while driving has long been a significant safety concern on UK roads. In March 2022, the laws governing this issue were tightened considerably. Despite these changes being in effect for over two years, many drivers still find themselves caught out by the regulations or are completely unaware of the changes. This article provides an in-depth look at the updated rules regarding mobile phone and handheld interactive device use while driving.
As of 25 March 2022, it is strictly prohibited to hold and use any handheld interactive mobile device capable of sending or receiving data while driving or riding a motorcycle. This includes mobile phones, satellite navigation devices (which are not mounted correctly or being used hands free), tablets, and any other handheld device with similar capabilities. The law applies even when stopped at traffic lights, queuing in traffic, supervising a learner driver, or operating a vehicle with a start/stop engine when stationary. It's important to note that the device doesn't need to be actively communicating or even online for the law to apply. Using a device in flight mode is still illegal.
The definition of "using" a mobile device or interactive handheld device has been significantly broadened in the legal provisions. Actions that now constitute an offence include illuminating the screen, checking the time or notifications, unlocking the device, making, receiving, or rejecting a call, sending or receiving messages or other content, using camera or sound recording functions, drafting text, and accessing stored data, applications, or the internet. Even momentarily touching or moving the phone can be considered an offence. For instance, if a phone slips from the passenger seat into the footwell and the driver picks it up, they have committed an offence. Similarly, if a phone is anywhere other than in a fixed cradle mounted to the dashboard or air vent, such as in the driver’s lap, and the driver looks at or is distracted by it, they can be reported for the offence. The legislation even implies that it is enough that you ‘MAY’ interact with the device for a Police Officer to report you for the offence.
The penalties for breaking these rules are severe. Offenders can receive up to 6 penalty points on their driver's licence and a £200 fine. In more serious cases, offenders can be taken to court, where they might face a driving ban and a maximum fine of £1,000. For lorry or bus drivers, this fine can increase to £2,500. New drivers who passed their test within the last two years risk losing their licence. An additional 3 penalty points can be imposed if the driver does not have a full view of the road and traffic ahead or proper control of the vehicle.
There are a few exceptions to these strict rules. Drivers are permitted to use handheld devices to call 999 or 112 in an emergency if it's unsafe to stop. When the vehicle is stationary, such as at a drive-through restaurant, contactless payments are allowed. Additionally, using a mobile phone to park a vehicle remotely is now legal. In all other situations, drivers must be safely parked to use a handheld device. The definition of parking or parked does not include being stationary in traffic or at traffic lights. Hands-free technology remains the only legal option for using a phone while driving. However, devices must be set up before driving to ensure they don't require handling and don't obstruct the driver's view of the road.
The necessity for updating these laws was underscored by the 2019 case of DPP vs Barreto [2019] EWHC 2044 (Admin). In this case, a driver filming a road accident was acquitted because the court ruled that the offence, as it stood, did not cover using a mobile phone for non-communicative purposes. This highlighted the need for clearer and stricter definitions in the legislation and this was then implemented after a government consultation.
In court, it often comes down to the driver's word against that of the police officer who alleges they saw the driver holding or using a mobile device. Given the difficulty in disproving such allegations, strict adherence to these regulations is crucial to avoid potential legal issues. It is also worth highlighting that we often see cases where drivers claim they were holding something other than a mobile phone or interactive handheld device, but proving this can be very challenging.
Understanding and adhering to these laws is essential in order to avoid severe penalties, increased insurance costs and potential legal fees for advice. As technology continues to evolve, it's likely that these laws will be subject to further updates and clarifications in the future. Drivers should remain vigilant and stay informed about any changes to ensure they remain on the right side of the law.
For other motoring offences and assistance with any driving matter, please contact us on 01277 284 508. We have a wealth of experience and lawyers who are ready to fight your corner.