As of Friday 25 March 2022, even touching your mobile phone while driving is no longer allowed. The law dates back to 2003 however, there’s actually been a loophole which allowed some drivers to avoid conviction.some drivers to avoid conviction. Changes to the Highway Code in January has now put a stop to drivers scrolling playlists, using the camera or video features and setting the navigation whilst on the move.
I thought using your phone was already banned?
The vast majority of us don’t use a mobile phone whilst driving and have invested in bluetooth devices, car phone holders and with newer cars and better integration, Apple CarPlay and Android Auto.
For the handful of drivers that have been caught using their phones while driving, legal representation has been able to argue a case that they weren’t guilty of breaking the law, technically speaking.
‘Getting away with it due to a technicality’
The way the law is written means ‘interactive communication’ is explicitly identified as the reason for the mobile use. Since scrolling news, playlists or photos aren’t specifically ‘communicating’, until now, you were able to argue that you weren’t actually breaking the law even though it still distracts you from the road.
Are there any exception to the drivers’ mobile phone ban?
Since a lot of people now use their phones to pay for things on their credit/debit cards, If you’re wanting to pay at a fuel station or fast food drive thru’, you are permitted to use your phone at these locations.
It’s a question of risk. On the public highway there’s a need to be focused on the road and not your phone screen. Parked at a fast food order window, you’re far less likely to cause an accident if you whip out your handset.
What’s the punishment if I get caught using my phone?
In 2019, the penalty doubled from a £100 and three penalty points to a £200 fine and 6 penalty points, due to the need to clamp down on accidents being caused by distracted driving. You only need to be caught twice and you face an automatic minimum six month ban.
Getting your licence back is not easy either, It’s not just reinstated after the six-month ban, you have to go through the whole process of paying for and passing your theory and practical driving test again.
Research from 2021 shows that every 1 in 200 drivers uses their phone in their hand, despite the law. The AA and the road safety charity Think! campaign tirelessly to socially stigmatise the use of a phone while driving, in the same way drink and drug driving is.
What about all the cab and van drivers?
No one is excluded, so taxi drivers, delivery drivers and any one else that uses their handset for work/navigation purposes needs to pull over safely before they touch their phone. And if you think discretely keeping your phone in your lap will keep you safe, then think again. New cameras piloted in 2021 can capture drivers handling their phones through the windscreen, at speeds of up to 75mph.
If I’m stuck in traffic, am I allowed to touch my phone?
No! In slower moving traffic you’re more likely to get caught if your eyes keep darting down to your lap and back to the road ahead. Since digital assistants like Google, Alexa and Siri are built into your phone, you should be able to do most things hands-free, even if an older vehicle doesn’t have the seamless integration of more modern cars. You won’t face any charges if your phone is attached to your dash or windscreen either. If it’s closer to your face, the voice control should work more accurately.
Using your phone behind the wheel makes you four times more likely to be in a crash so If you’re really not a fan of voice control consider sticking your phone in your glove box. At least you can’t be tempted to risk your licence or be involved in an accident. Alternatively you may wish to look at a newer car with better integration to take away all the risks.
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