TODAY (25th March 2022) new tougher laws come into force for drivers around mobile phone use while driving.
From Friday 25th March, motorists who use their mobile phone when behind the wheel could see themselves landed with a minimum penalty of a £200 fine and six points on their licence. Any driver who has had their licence for less than two years will have it revoked, and will have to re-take their theory and practical tests.
The new law means that motorists can’t use their phone or any other handheld device for any purpose, even when their vehicle is stationary, for example in a traffic jam or stopped at traffic lights. The rules will also apply to drivers who are supervising a learner driver.
Penalties can be issued to drivers who:
- Unlock or illuminate the screen
- Check the time or notifications
- Use the camera, video or sound recording functions
- Draft any text
- Access stored data such as documents, books, audio files, photos, videos, films, playlist, notes or messages
- Use an app
- Access the internet
There are a small number of exemptions to the new laws. Drivers are still permitted to use a contactless payment function on their phone at locations such as toll booths or driver-throughs. The exemption will also apply to drivers who need to contact the emergency services and can’t safely stop their vehicle to do so.
Why are mobile phone driving laws changing?
In short, there is a major loophole in the current mobile phone driving laws which mean drivers can only face prosecution if they are using their phone for ‘interactive communication’ such as responding to a text message or holding the device for a phone call. This means motorists can’t technically be penalised for using mobile phones for using apps, taking pictures or even playing games while on the road.
This issue has been brought to light in many recent court cases, one being the 2019 case of DPP V Barreto. The driver involved, Mr Barreto, was initially found guilty of using his mobile phone at the wheel to record an accident. However, this was overturned at Isleworth Crown Court as he had not technically used his phone for interactive communication, and was therefore found not guilty.
According to the government, the new mobile phone driving law will close this loophole, and help driving penalties stay in line with technology. After all, mobile phones are capable of much more than phone calls and text messages. Drivers can just as easily get distracted by videos, music apps, directions, or even games. As stated by Parliament: ‘The array of functions that mobile phones can now perform has outgrown the wording of the offence and its parameters.’
Driving statistics from the Department for Transport showed that in 2020 alone included 17 road deaths, 114 serious injuries and 385 slight injuries from mobile phone-related incidents. In a recent statement, the West Midlands police also revealed that driving while using a mobile phone can make motorists four times more likely to be involved in a collision, indicating how important the new laws will in keeping people – motorists and non-motorists alike – safe on the road.