Law changes on using a phone while driving

The law on people using their mobile phones while driving has become more strict

Author: Natalie Higgins and Rebecca Quarmby and Julie CastonPublished 25th Mar 2022

People in Northern Lincolnshire are being warned to not use their phone whilst behind the wheel.

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.

Ruth Gore is from Safer Roads Humber, she said:

“A case came a few years ago from using my phone whilst filming whilst driving. The legislation was around using any function on phones with what we've done is updated the.

“You shouldn't be touching your phone at all if you need to change your sat NAV from over until same place turn your car off and then do any adjustment if you're paying at The Humber Bridge or a drive thru, you have to be stationary to use your phone – after use put it away and carry on with your journey safely.”

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

The police forces taking part in Operation Tramlines

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.”

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