Any hand-held mobile phone use at the wheel now illegal

Published 25 March 2022

Drivers caught using their mobile phone to take photos or videos, scroll through playlists or play games now face a fine of up to £1,000, six points on their licence or a driving ban. 

The Government has strengthened existing laws which already meant it was illegal to text or make a phone call (other than in an emergency) using a hand-held device while driving. 

The move follows a public consultation that found 81% of respondents supported the tougher proposals.

Drivers are still able to use a device ‘hands-free’ while driving, such as a sat-nav, if it’s secured in a cradle.

Mobile Phone

Transport secretary Grant Shapps said: "I will do everything in my power to keep road-users safe, which is why I am taking a zero-tolerance approach to those who decide to risk lives by using their phone behind the wheel.

"I’m ensuring anyone who chooses to break this vital law can face punishment for doing so and we’ll continue our efforts to ensure our roads remain among the safest in the world."
There is an exemption to the new law for drivers making a contactless payment using their mobile phone while stationary "to ensure the law keeps pace with technology", the Department for Transport said.

This exemption covers, for example, places like a drive-through restaurant or a road toll, and only applies when payment is being made with a card reader. It does not allow motorists to make general online payments while driving.

Drive Through Payment 

The Government has revised The Highway Code to explain the new measures and will make it clear that hand-held mobile phone use at traffic lights or in motorway jams is illegal except in very limited circumstances.

"The best thing to do is to convert your glovebox into a phone box." Edmund King, The AA

Edmund King AA president said: "The AA has long campaigned to make handheld mobile phone use while driving as socially unacceptable as drink driving and we warmly welcome the new law. This is a much-needed toughening of the rules to help make our roads safer.

"Those who believe they can still play with their phone because it’s in a cradle must think again – they leave themselves open to prosecution for either careless or dangerous driving.

"The best thing to do is to convert your glovebox into a phone box. We all need to keep our hands on the wheel and our eyes on the road."

 Mobile Phone In A Cradle

How effective will the tougher mobile phone rules be?

The Government has launched an £800,000 awareness campaign which will run across video on demand, online video, social media channels and radio in England and Wales until the end of April 2022.

However, just prior to the new changes, RAC research found four-in-10 (43 per cent) of drivers were not aware of the changes being introduced and just two per cent believe it will be very effective in improving driver behaviour.

Of those who have concerns the roads won’t be made safer by the changes, 86 per cent said that it’s because some drivers will always persist in using a phone illegally regardless of the law, while 70 per cent said the problem is drivers don’t feel they’re likely to get caught in the first place.

More than a quarter (28 per cent) fear not enough will be done to let drivers know about the changes.

Police Car 2

When it comes to what drivers think needs to be done to reduce the number of people using a handheld phone illegally at the wheel, drivers are split.

Almost equal proportions believe that more visible police enforcement (23 per cent), a high-profile advertising campaign (24 per cent) and even tougher laws (26 per cent) – such as the threat of a driver losing their licence altogether if caught. A fifth meanwhile (20 per cent) would like to see cameras used to catch drivers acting illegally.

RAC spokesperson Rod Dennis welcomed the strengthening of the law but warned that police enforcement will be essential.  

“It’s arguable that it will only be truly effective if it’s rigorously enforced," he said. "If some drivers still don’t feel they’re likely to be caught, then simply making the law tougher isn’t going to have the desired effect of making our roads safer. That explains why such a tiny proportion of drivers – just 2% - think the new changes will be very effective in changing behaviour.

“The dial really needs to be turned up when it comes to enforcement, and that means police forces having the resources and technology they need to more easily catch those drivers that continue to flout the law. Cameras that can automatically detect handheld phone use exist and are in use in other countries, so we think it’s high time the UK Government evaluated this technology with a view to allowing police forces to deploy it at the earliest opportunity.”

1

How can I legally use my mobile phone while driving?

It is legal to make and receive calls using a hands-free system such as bluetooth. 

However, be aware that you must stay in full control of your vehicle at all times. The police can stop you if they think you’re not in control because you’re distracted and you can be prosecuted.

The law allows you to use a handheld mobile phone while driving if you need to make an emergency call to 999 or 112 and it is unsafe to pull over and stop to make the call.

2

What are the penalties for using a handheld mobile phone while driving?

If you are caught using a hand-held phone while driving you can get six penalty points and a £200 fine.

New drivers (those who passed their driving test within two years of the offence) will also lose their licence. 

You can get a further three penalty points if you don’t have a full view of the road and traffic ahead or proper control of the vehicle if you are using a handheld defence.

You may also be taken to court and banned from driving and receive a maximum fine of £1,000.

3

What are the rules on sat-nav use while driving?

You must not use a handheld sat-nav while driving and if you use a windscreen mount you must ensure it doesn't block your view of the road and traffic ahead. 

Before you set off you should put your destination in the sat-nav or pull over to programme the sat-nav.

The police can issue you with a penalty or prosecute you in the event of an accident if they think you were distracted or not in control of your vehicle. 

Comments

groaver    on 19 November 2021

How is some of this any different to scrolling through menus on those tablets installed on/in the dashboard?

Surely that makes many of their functions illegal?

Brit_in_Germany    on 20 November 2021

Since when has a car display been hand held?

groaver    on 20 November 2021

Distraction?

IrishNeil    on 22 November 2021

How is some of this any different to scrolling through menus on those tablets installed on/in the dashboard? Surely that makes many of their functions illegal?

My same thoughts - perhaps the distinction is when we don't have to use our mobile phones but we have no choice when using the in-car menu?

Personally, when I'm driving the mobile phone get's switched off and placed in glovebox. It gets switched on again when I am ambulatory on my own steam.

I'm old fashioned like that, from an era when phones were only used after 6pm on the cheap rate while sitting in the hallway of our home on a specifically designed chair!

Me, Luddite!

Edited by IrishNeil on 22/11/2021 at 08:44

Engineer Andy    on 22 November 2021

Indeed - as so many new cars now (stupidly) come with touchscreen controls for things you use a lot and where 'changing a setting' - like ventilation, temperature or volume means you have to specifically take your eyes off the road for a decent period whilst undertaking the change - means that this is just as dangerous as using a mobile.

I wonder what the rules are for making calls whilst stopped in a car - will they differentiate between stopped, engine fully off (i.e. not stopped at the lights with the stop-start system operating), engine idling but actually parked at the roadside/elsewhere and not in gear, the same but waiting to drive away in traffic, etc?

I have my doubts that they have done so. To be on the safe side, I always switch my phone to divert to voicemail when driving.

hissingsid    on 23 November 2021

I reluctantly acquired a basic mobile phone after I was the victim of a serious accident, when a kind motorist lent me theirs to call the Police and the AA. It is switched off at all times unless I wish to make a call.
I believe that using any hand held device while driving is as dangerous and selfish as drink driving and should attract the same penalties.
I agree with Andy that the increasing over reliance on touchscreen menus is equally as dangerous, yet the Construction and Use Regulations permit them. After a barrage of criticism by Citroen owners in particular, their new C4 has the heating manually controlled by knobs, just as it should be. They are learning.

Johnfrog    on 25 November 2021

I think it’s high time the TRRL investigated the use of touch screens. They are becoming increasingly dangerous as more and more functions are moved from switches to the screen. The attraction for the manufacturer is they are cheaper than fitting dedicated switches. I consider them highly dangerous as they require you take your eyes off the road for a long time compared with a switch which you may locate by memory or just a quick glance.

hissingsid    on 26 November 2021

Totally agree. Not only dangerous but more likely to malfunction than conventional switchgear, not that the manufacturers care what happens to their products as they get older.

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Patricia Yaris    on 1 April 2022

I have a Tom Tom sat nav and a phone with Google maps and I use both to find my way about. I never use a cradle for them but leave them on a flat tray near the power socket. I decided long ago that I could find my way with instructions only so I don't need to see a screen. If the police stop or spy on me will them deem that I'm in contravention of the law or will they accept that I'm only using the phone in the same way as I'm using the radio.

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