Stricter mobile phone laws come into force

16 March 2022

The law on people using their mobile phones while driving in Great Britain (GB) will become stricter on 25 March 2022. The new law will amend existing regulations and will mean the offence is triggered whenever a driver holds and uses a device – regardless of why they’re holding it.

Since 2003, it has been an offence to use a hand-held mobile phone or similar hand-held device while driving. The offence is specified as using a device for ‘interactive communication’ – mainly, phone calls, messages or accessing the internet.

The existing offence (under Regulation 110 of the Road Vehicles (Construction & Use) Regulations 1986) carries a minimum penalty of a £200 fine and six penalty points. This means an offender would lose their licence after two offences and new drivers who have held their licence for less than two years would have their licence revoked after one.

These penalties will remain the same, however drivers will be extremely limited on when they can pick up their phone going forward.

The law is being updated to keep up with technology as mobile devices have become capable of performing many more tasks beyond ‘interactive communication’. They’re now used to scroll through articles, take photographs, record video, and play music, games and more.

In early 2020, a report carried out on in-vehicle distraction by road safety charity Brake and insurer Direct Line, revealed that one in six drivers (6.6m UK licence holders) admitted to breaking the law at some point within a 12 month period by using their phone while driving.

Despite various campaigns to raise awareness of the dangers, mobile phone users are still not getting the message, as Department for Transport statistics show that in 2020, 17 people were killed, 114 people were seriously injured, and 385 were slightly injured in road traffic accidents in GB where the driver was using a mobile phone.

The new law will amend the 1986 Regulations and will mean the offence is triggered whenever a driver holds and uses a device, regardless of why they are holding it.

The meaning of “using” a phone, will be expanded to cover the following:

• illuminating the screen
• checking the time
• checking notifications
• unlocking the device
• making, receiving, or rejecting a telephone or internet-based call
• sending, receiving or uploading oral or written content
• sending, receiving or uploading a photo or video
• utilising camera, video, or sound recording
• drafting any text
• accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages
• accessing an app
• accessing the internet

Exemptions

The new law creates one new exemption (alongside the existing exemption which allows a driver to use a phone in emergencies), which is that drivers will be permitted to hold and use a device while driving to use contactless payment as a payment terminal for goods or service.

The vehicle must be stationary, and the item being paid for must be provided at the same time or after the contactless payment is made, for example, paying for a car park or drive-through coffee.

Using a mobile phone for satellite navigation will continue to be legal, as long as it is kept in a cradle, not in the driver’s hand or blocking your view.

The Government will update both the Gov.uk guidance on Using a phone or a sat nav when driving and the Highway Code, to reduce misunderstandings about the new law, particularly on the difference between hand-held and hands-free use.

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