Legal advice: Zero-tolerance on mobile phones

Strict new laws have been introduced to stop the use of mobile devices while driving, explains Mark Davies, director at Backhouse Jones.

Laws on mobile phone use whilst driving are now stricter and will close the loopholes that some drivers previously relied upon.

From 25 March 2022, it is now illegal to use a handheld phone to take a photo, scroll through a playlist or play a game (among other things) whilst driving in Great Britain. It is an extension of an existing offence which includes making phone calls or sending text messages.

There is now a zero-tolerance approach and people can be fined up to £1,000 and receive six points on their licence.

Secured in a cradle

Devices can still be used hands-free while driving if secured in a cradle. According to the BBC, the DfT said drivers can use their phone to make contactless payments at a drivethrough restaurant if the vehicle is stationary. The law change does not apply in Northern Ireland.

Whilst there have been offences for the use of handheld devices since 2003 the law limited the offence to circumstances where the device was being used for “interactive communication”. That loophole has now closed with strict controls being put in place make sure that the use of a hand-held device whilst driving is illegal, except in very limited circumstances.

The new rules apply whether the device is online or offline (ie in flight mode) and applies to drivers who are:

● Stopped at traffic lights;

● Queuing in traffic; and

● Driving a vehicle that turns the engine off when stationary.

The only exceptions are if you need to call 999 or 112 in an emergency or if a contactless payment is to be made whilst the vehicle is stationary.

Commercial vehicle operators should take the use of hand-held devices seriously and should have strict processes in place for drivers found to be committing an offence. The change in law could be an opportunity for operators to reinforce this policy to its drivers. If you do not have a strict policy in place you should consider drafting one and/or amending existing policies to provide greater clarity for you, your managers, and your drivers.

This article originally appeared in Roadway Magazine. Contact Mark Davies by email.