As of 25 March 2022, the law regarding driving while using a mobile phone has changed, becoming stricter for drivers in England and Wales.
The driving while using a mobile phone law was initially brought into place in 2003, where drivers would be committing an offence if they used their hand-held device to call, text or access the internet whilst driving. Yet, due to the quick advancement of hand-held devices, such as the implementation of applications, use of cameras and the storage of date i.e. photographs, the law quickly became out of date and in need of reform.
Here we will provide insight into the driving while using a mobile phone law, what the previous law was, how it has changed, why the law is becoming stricter, what is exempt and what are the penalties for using a mobile phone whilst driving.
If you are facing a penalty for driving while using a mobile phone, our Newport road traffic offence solicitors are on hand to lend practical support and guidance.
What was the previous driving while using a mobile phone law?
The previous law stated that it was an offence to use a hand-held device for ‘interactive communication’. Interactive communication included making/receiving phone calls, sending/reading texts or emails, accessing the internet etc.
The legal definition of driving is very wide and can also include occasions where a vehicle is stationary. As such, the law against using a mobile telephone also applied where a vehicle was stationary at traffic lights or queuing in traffic
The previous law allowed drivers to use a hand-held device whilst in their car in the following situations:
- The driver was safely parked
- The driver needed to call 999 or 112 in an emergency situation, and they were unable to stop their car due to being unsafe or impractical
The current law
The current law was brought about by the introduction of The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022, which amended the previous Regulations.
These Regulations are law and it is now an offence whenever a driver holds and uses a device (which is capable of transmitting and receiving data), regardless of the reason why. The term ‘use’ applies to the following actions:
- Illuminating the screen
- Checking the time
- Checking notifications
- Unlocking the device
- Drafting a text
- Accessing an app
- Accessing the internet
- Making, receiving, or dismissing a telephone or internet-based call
- Sending, receiving, or uploading oral or written content
- Sending, receiving, or uploading a photograph or video
- Using a camera, video, or sound recording
- Accessing stored data
Drivers will still be able to use their device while driving where it is hands-free, such as where the device connects to their car system, allowing them to answer phone calls. In addition, a person is permitted to use their mobile phone as a sat-nav, as long as it is secured in a cradle and not blocking their view of the road.
Why has the law become stricter?
The driving while using a mobile phone law was originally introduced in 2003, set out under Regulation 110 of the Road Vehicles (Construction & Use) Regulations 1986.
Since its introduction, technology has considerably changed, meaning the law does not address the adaptations made to technology, going beyond ‘interactive communication’, meaning mobile phones have outgrown the law’s wording and its parameters.
What are the exemptions to the new law?
The previous law had an exemption that allowed the use of a mobile phone whilst driving when in an emergency, and this will remain the same.
In addition to this exemption, the new law adds another exemption. Where drivers are stationary in a car, they are permitted to make a contactless payment using their device at a payment terminal for goods and services. For this to be an exemption, the paid item must be given at the same or after the contactless payment has been made. Examples of where this might be used include paying for food in a drive-through or paying for parking.
What are the penalties for driving while using a mobile phone?
The previous penalties are set to remain the same despite the amendment to the legislation. The penalty that a driver will receive for being caught using their mobile phone while driving is a £200 fixed penalty notice and 6 points on their licence.
Book a free first consultation for road traffic offence assistance
If you are facing a penalty for driving while using a mobile phone, our Newport road traffic offence solicitors are on hand to lend practical support and guidance.
We can provide police station representation, support during an investigation or prosecution, or early advice if you are concerned about a potential offence.
Give us a call at our offices in Newport or fill in our simple online enquiry form, and a member of our team will be in touch in due course.
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