Law changes on using a phone while driving
The law on people using their mobile phones while driving in has become more strict
The law around using a mobile phone whilst driving has changed from today (25 March 2022).
Since 2003, it has been an offence to use a hand-held mobile phone or similar hand-held device while driving to make calls, send text messages or access the interview.
It carries a minimum penalty of a £200 fine and six penalty points. This means an offender would lose their licence after two offences or, for new drivers who have held a licence for less than two years, a single offence would lead to their licence being revoked.
But things like swiping, tapping the screen, reading notifications, or even taking pictures weren't illegal until today.
Sgt Paul Cording, Roads Policing Team for North Yorkshire Police, said:
"Even something as simple as illuminating the screen, checking notifications, checking the time, are all classed as a using a mobile phone. So if you are using a handheld device, then you run the risk of getting six points in your license and a £200 fine.
"For me, it's not about getting points on your license, it's not about a fine. It's about the danger that you are putting other road users in, because that time that you're looking down at your mobile phone, you are not concentrating on the road. In a couple of seconds if you're on the motorway you can travel the length of a football field and so much can happen in that time.
"Unfortunately we have a certain group of drivers who think 'it won't happen to me' and sadly it does. And we're the ones that have to pick up the pieces. So I make no bones about it and make no apology for being robust. Unfortunately, along with the other emergency services, we see the the very worst that happens as a result.
"The hardest part of my job is that long walk up somebody's drive and knocking on the door. These types of incidents are so, so avoidable. Just do not use your phone."
The perceived need for a law change has been highlighted by recent court cases, one in particular where a driver who was filming a nearby road accident while at the wheel was found not guilty because they were not using a hand-held mobile phone for ‘interactive communication’. The judge said they were therefore out of the scope of this offence.
Grant Shapps, Transport Secretary, said:
"We've seen cases where people have gotten off through a loophole perhaps because they were using their phone not to make a call or to send a text, but to take a photograph. That's clearly ridiculous and clearly very dangerous to be driving and using a phone.
"You must not use your phone for anything other than if it is in a holder for directions on a satnav or when you're stationary in a drive-thru to pay contactlessly.
"This really clarifies it very strongly in law. Most people agree it is a dangerous loophole exploited by people trying to get off charges and we just want to make it absolutely clear that the law is not on your side if you use your mobile phone while driving."
Police forces up and down the country have taking part in Operation Tramline, which aims to limit the number of people killed or seriously injured on the strategic road network.
Three plain white HGV tractor units were loaned out to police forces by Highways England to help improve safety for drivers.
Since the launch of Operation Tramline in 2015, more than 26,200 offences have been recorded across England. The most common offences have included:
Not wearing a seatbelt – 7,727
Using a mobile phone – 6,804
Not in proper control of vehicle – 1,927
Speeding – 1,378
RAC spokesperson Rod Dennis, said:
“It’s clear that most drivers are supportive of the law being strengthened to make it easier to prosecute drivers who put lives at risk by using a handheld phone – after all, using a phone to take a photo or look at a playlist is at least as distracting as using it to talk or text.
“But while we welcome today’s law change and very much hope it will make a difference, it’s arguable that it will only be truly effective if it’s rigorously enforced. If some drivers still don’t feel they’re likely to be caught, then simply making the law tougher isn’t going to have the desired effect of making our roads safer. That explains why such a tiny proportion of drivers – just 2% - think the new changes will be very effective in changing behaviour.
“The dial really needs to be turned up when it comes to enforcement, and that means police forces having the resources and technology they need to more easily catch those drivers that continue to flout the law. Cameras that can automatically detect handheld phone use exist and are in use in other countries, so we think it’s high time the UK Government evaluated this technology with a view to allowing police forces to deploy it at the earliest opportunity.”