UPDATING THE “MOBILE PHONE” LAWS

The Government will make it illegal to use a hand-held “mobile phone” while driving under any circumstance thereby ending the legal loophole which has emerged since the rapid development of such devices. The current law states it is a criminal offence to use a hand-held mobile phone to call or text while driving – but a legal loophole has ensured drivers have escaped for other actions such as taking photos, browsing the internet, reading emails or looking at their music play list etc. as such actions aren’t seen as ‘interactive communication’, and therefore do not fit the current definition of the offence.

The new laws will come into effect in 2022 (date to be confirmed) – and mean anyone caught using their hand-held device while driving will face a £200 fixed penalty notice and six points on their licence. The move follows a public consultation in which 81% of respondents supported proposals to strengthen the law and make it easier for culprits to be prosecuted.

The Government will revise The Highway Code to explain the new measures. It will also be more precise about the fact that being stationary in traffic counts as driving, making it clear that hand- held mobile phone use at traffic lights or in motorway jams is illegal except in very limited circumstances.

There will be an exemption to the new law for drivers making a contactless payment using their mobile phone while stationary. This exemption will cover, for example, places like a drive-through restaurant or a road toll, and will only apply when payment is being made with a card reader. It will not allow motorists to make general online payments while driving.

Drivers will still be able to continue using a device ‘hands-free’ while driving, such as a sat-nav, if it’s secured in a cradle.