Earlier this year this law changed to keep up with modern technology.
Mobile phones have evolved considerably since 2003 when the original Regulations came into force. A series of high-profile cases highlighted that the law was no longer fit for purpose, as new functions keep being added to our devices.
High Court Judges ruled that it was the use of the phone, while held, for the purpose of a call or other interactive communication that is prohibited, not all use of the phone. This meant that “internal functions” of the phone, such as taking pictures, filming, playing games or dictation didn’t fall foul of this offence.
The Government having considered the position said, the "array of functions that mobile phones can now perform has outgrown the wording of the offence and it's parameters". In March, The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022 came into force, which confirm that
it illegal to use a mobile device while driving and significantly, confirm that “using” includes the following:
(i)illuminating the screen;
(ii)checking the time;
(iii)checking notifications;
(iv)unlocking the device;
(v)making, receiving, or rejecting a telephone or internet based call;
(vi)sending, receiving or uploading oral or written content;
(vii)sending, receiving or uploading a photo or video;
(viii)utilising camera, video, or sound recording functionality;
(ix)drafting any text;
(x)accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages;
(xi)accessing an application;
(xii)accessing the internet.”.
The law still applies to you if you’re:
Exceptions
You can use a device held in your hand if:
Using devices hands-free
You can use devices with hands-free access, as long as you do not hold them at any time during usage. Hands-free access means using, for example:
The device must not block your view of the road and traffic ahead.
Penalties
You can get 6 penalty points and a £200 fine if you hold and use a phone, sat nav, tablet, or any device that can send and receive data while driving or riding a motorcycle.
You’ll also lose your licence if you passed your driving test within 2 years
You can get 3 penalty points if you do not have a full view of the road and traffic ahead or proper control of the vehicle.
You can also be taken to court where you can:
Have you been accused of a motoring offence that you dispute or simply would like to achieve the most favourable outcome in the circumstances?
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