The government has recently been making changes to improve road safety for all users that all drivers, including those currently taking driving lessons need to be aware of. From 25th March 2022 the laws will be strengthened to make it easier to prosecute drivers using and holding their phones while behind the wheel. They are looking to close the legal loopholes that have allowed motorists to avoid prosecution by arguing that they were not using their phones for ‘interactive communications’

Currently, drivers are banned from texting or making a phone call while using a handheld device, the only exception is in an emergency. This is now to be extended, drivers will not be allowed to take photos or videos, check social media, scroll through playlists, access apps or play games on their phones while behind the wheel. Those caught breaking the law will face a £200 fixed penalty notice and six points on their licence.

What’s covered by the ban on handling a phone?

The Department for Transport has given the following guidance on what is included in the ban:

  • Checking the time

  • Checking notifications

  • Illuminating the phone screen

  • Accessing the internet

  • Unlocking the device

  • Drafting any text

  • Making, receiving or rejecting a telephone or internet based call

  • Accessing an app

  • Sending, receiving or uploading written or oral content

  • Sending, receiving or uploading a photo or video

  • Utilising the camera, video or sound recording functionality

  • Accessing any stored data eg documents, books, photos, videos, playlists or notes

The Highway Code will also be revised to clarify that being stationary in traffic counts as driving and hand-held mobile phone use at traffic lights or in motorway jams is illegal except in very limited circumstances.

Are there any exemptions for holding a phone at the wheel?

The is an exemption to the new rules to allow drivers to make a contactless payment using their mobile, but only while stationary. This allows drivers to pay at tolls and also fast food drive-throughs. Drivers are also allowed to call 999 in emergencies when there is no safe place to pull over.

What if your phone is in a cradle or mount?

The DfT have said that drivers will still be able to continue using a device ‘hands-free’ while driving, such as a sat-nav, if it’s secured in a cradle. However, they must always take responsibility for their driving and can be charged if the police deem that they are not in proper control of their vehicle.

If drivers uses a mobile phone that is in a cradle at any point while driving that activity is covered by wider road traffic laws regarding distractions. That could be ‘not in proper control of the vehicle’, ‘careless driving’ or ‘dangerous driving’.

New laws around driving and using mobile phones