Changes to mobile phone law for drivers

The law on people using their mobile phones while driving becomes stricter from 25 March 2022. Drivers can now be fined up to £1,000 and receive six points on their licence for any hand held phone use.

Since 2003, it’s been an offence to use a hand-held mobile phone for 'interactive communication' while driving. However, over the last decade the use of phones has evolved to include playing music and games, taking photos or videos...some motorists even use their phones to watch television while they're driving.

The law change has been prompted by recent court cases, including the driver who was filming a nearby road crash while at the wheel but was subsequently found not guilty because they were not using a hand-held mobile phone for ‘interactive communication’. The judge said they were 'out of the scope of this offence.'

Clearly all use of a hand-held mobile phone while driving is reckless and dangerous, and not just when being used for the purposes of a call or other interactive communication.

New mobile phone law for drivers

The new offence will cover any device which is capable of interactive communication even if that functionality is not enabled at the time. This will include a device in flight mode.

The definition of ‘using’ a phone will now cover the following:

• illuminating the screen
• checking the time
• checking notifications
• unlocking the device
• making, receiving, or rejecting a telephone or internet based call
• sending, receiving or uploading oral or written content
• sending, receiving or uploading a photo or video
• utilising camera, video, or sound recording
• drafting any text
• accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages
• accessing an app
• accessing the internet

Researchers at the Transport Research Laboratory said the law changes are sensible, but the ongoing “focus on ‘hand-held’ devices misses the point”, and a wider appreciation of how even ‘hands-free’ technology can distract drivers is needed.

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