Consultation on the use of hand-held mobile phones whilst driving

What is ‘use’?

A mobile telephone or device will be in use where it is making or receiving a call, or performing any other interactive communication function, whether with another person or not.

The loophole being asserted is in relation to ‘use’. As the law currently stands ‘using’ means sending and receiving text message or calls. There is no provision for using the mobile phone to play games, take photographs or use any other functions the device may be capable of.

Therefore, the consultation will look at extending the Regulations to include these other uses. The only exception will be if the phone is being used to make a mobile money payment but only if the vehicle is stationary.

Baroness Vere, the Roads Minister has 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.”

So what does this mean for motorists? Quite simply it will be much easier to prosecute drivers for using their mobile phones whilst driving. With the introduction of smart motorways with additional cameras as well as an increase in cameras on A roads, it will be easier for the Police to detect and secure convictions. A conviction will result in a £200 fine and 6 penalty points and if the driver has 6 or more points on their licence already will result in disqualification.