It’s already a criminal offence to use a hand-held mobile phone to call or text while driving, but not for other actions such as taking photos. While still distracting, drivers have escaped punishment due to a legal loophole where such actions aren’t seen as ‘interactive communication’, and therefore do not fit the current definition of the offence.
Now, after a review of the offence, the Department for Transport (DfT) has launched a consultation, to run until January, on bringing the law into line with technology. It would mean drivers caught taking photos, playing games or scrolling through a playlist behind the wheel will be breaking the law on mobile phone use. If brought in, such changes will need to be reflected in The Highway Code.
Recognising that mobile phones are commonly used as a method of payment – such as at drive-throughs restaurants and coffee shops – an exemption will apply under the new proposals set out by UK Government to contactless payments, if a vehicle is stationary, and if goods or services – such as a take-away meal – are delivered immediately.
DfT Roads Minister Baroness Vere said: “Our roads are some of the safest in the world, but we want to make sure they’re safer still by bringing the law into the 21st century. That’s why we’re looking to strengthen the law to make using a hand-held phone while driving illegal in a wider range of circumstances – it’s distracting and dangerous and for too long risky drivers have been able to escape punishment but this update will mean those doing the wrong thing will face the full force of the law.”
The DfT says that drivers will still be able to continue safely using devices ‘hands-free’ while driving, such as a sat-nav secured in a cradle.
AA president Edmund King said: “There’s no excuse for picking up a mobile phone when driving so we’re pleased this loophole will be closed. Phones do so much more than calls and texts, so it’s only right that the law is changed to keep pace with technology. Tweets, TikTok and Instagram snaps can all wait until you park up.
“These new rules will clarify the law and help drivers realise that this dangerous act can have the same consequences and be as socially unacceptable as drink driving. If you cannot resist the temptation to pick up your phone, then you should convert your glovebox into a phone box.”
The DfT is also reviewing road traffic policing and wider traffic enforcement, after a consultation that ran from July to earlier this month.
