Using a mobile phone whilst driving – What you can and can’t do

As of 25^th March 2022 the restrictions on when a driver of a vehicle can hold a mobile phone have become even stricter.

The first laws prohibiting the use of a mobile phone whilst driving came into force on 1^st December 2003 as the government began to see a trend with mobile phone use relating to the causation of numerous road traffic accidents.

The penalties for using a mobile phone whilst driving increased in 2007 so it resulted in three penalty points being recorded against the driving licence and a fine was ordered to be paid.

Due to this not judged as being enough of a deterrent, on 1^st March 2017 the punishment for using a mobile phone whilst driving was increased to six penalty points and an even greater fine. This was a fairly significant increase as should any driver receive twelve or more penalty points on their licence within a three year period then this could warrant in a Magistrates Court disqualifying this licence holder for a minimum period of six months unless a successful ‘exceptional hardship’ argument was made.

Prior to the new law coming into force, when was I allowed to use my mobile whilst driving?

So the previous law prior to 25^th March 2022, Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 prohibited the use of using a hand-held mobile device whilst driving, when performing an interactive communication feature.

This essentially meant that a driver of a vehicle was prohibited from using his mobile phone whilst driving for the purposes of communication but was legally allowed to use the camera function of the device or scroll through a music playlist to change the song being played for example. Many cases that were prosecuted in court failed purely because the police and prosecution couldn’t prove that the mobile telephone was being used for communication purposes.

When am I now permitted to use a mobile phone whilst being in control of a motor vehicle?

The new law under the Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2022 were laid before parliament on 1^st February 2022 and came into force on Friday 25^th March 2022.

These new laws widen the scope to include any use of a mobile telephone or interactive communication device held in the hand whilst driving. This removes the requirement which did result in the police having to prove it was being used to perform an interactive communication function.

There has been a significant clampdown to simply send the message to all road users that mobile phones cannot be used when you are in control of a vehicle. This could also include when the keys are in the ignition and the engine is not engaged. The advice that is being given is to ensure the mobile device is secured in a cradle and there does not need to be held at any time during a journey.

The only exception set out in legislation is if the device is being used to make a contactless payment at a payment terminal.

Should you or anyone you know require expert assistance with any road traffic law related query then do feel free to contact Benjamin Langley at bwl@blasermills.co.uk or on 01494 411183.