Can I use my mobile phone while driving?
The government has made changes to the law surrounding driving whilst using a phone. In 2022, they will prohibit nearly all use of a mobile phone whilst behind the wheel.
So how will this affect drivers, and will they be able to use a phone?
The current law
Initially when the law was introduced in 2003, you could send or receive messages and make calls. Not many phones had access to the internet and cameras were not common on phones at this time. The law that was created to prohibit their use was done so based on simplified technology that is quite obviously out of date today.
The law, as it stands today, states it is an offence to use any handheld phone when driving. The legislation however is confusing as it states that “a phone is to be treated as handheld if it is or must be held during the course of performing an interactive communication function…” The wording is a little confusing and is not clear if it is to be treated as a handheld if it is held so can be open to interpretation.
It is an issue that has cause problems in court as some police forces and courts define this legislation as any use of your phone at all as on offence and there appear to be differing views.
The changes in the law – DPP V BARRETO
In 2017, the government doubled the three penalty points to six and the fine increased from £100 to £200 and this did discourage many people from using their phones whilst driving. However, the law was still confusing.
In 2019, there was the case of DPP v Barreto. Mr Barreto filmed an accident whilst driving and he was prosecuted for using a mobile phone whilst driving. He then appealed and was found not guilty.
It was appealed further by the prosecution to the High Court. They stated that the legislation only covered the use of a phone whilst it was held in the hand and only when being used for a common function (not for taking a photo for example).
The prosecution appealed further to the High Court – where it was held that the legislation only covered use of a phone whilst it was held in the hand, and only whilst it was being used for a communication function (and not, for example, taking a photograph or playing a game). If Mr Bareto was found guilty then there would still be complicated, unclear legislation in place. It would also fail to keep up with the ever-changing technology of mobile phones.
The new law
The new wording has not yet been disclosed, but the GOV.UK website states what it will cover:
Prohibit the use of handheld phones
Exemptions for making a contactless payment
Drivers can use a device hands-free (if they are still considered to be driving with due care and attention)
The law will cover mobile telephones and any device that can perform communication functions, but not two-way radios.
What will this mean?
Holding and using any mobile telephone or PDA device when driving and anything that can use the internet or send / receive messages will be an offence.
The vehicle does not need to be in motion to commit an offence and if you are at traffic lights it will be considered as driving.
There are exemptions for two-way radios and using a phone for contactless payment. You can use a hands-free cradle but responsibly and could still be prosecuted for driving with due care and attention.
We would advise to simply put phones away and if professional drivers need to use them, they should make sure they have a hands-free kit and if you make a call to makes sure the car is stationary with handbrake on. Also be sure to make sure your hands-free equipment does not obscure the windscreen.