As many of you will already be aware, the law in relation to using a mobile phone whilst driving is soon to be altered so as to ensure that any “use” of a mobile phone will be illegal when driving a vehicle. This will be the case, save for genuine emergencies and for when drivers want to use their device to pay for goods and services e.g. at fast food takeaways.
The Offence of Driving Whilst Using a Mobile Phone – History
A new law was introduced in 2003 which banned drivers from using handheld communication devices when driving. The law prohibited drivers from holding a phone and using it specifically for the purposes of “interactive communication” i.e. communication with another person via a call or text message or communicating with the internet and using the phone to visit websites. Prior to the recent proposed change, it would not be considered as an offence for a driver to touch a phone to scroll through music tracks or be distracted by making videos on their phone (although both are likely to be considered as acts of careless driving and/or not being in proper control of a vehicle).
As we know, devices have evolved significantly over the last 17 years and now phones perform many more functions than simply allowing users to call and send text messages.
What has changed?
The new proposed amendments which were unveiled on 17 October 2020 will prohibit drivers from touching their handheld device in any capacity regardless of whether it is for an “interactive communication” purpose. The proposed amendments are still going through the consultation phase which is due to conclude in early 2021. The proposed changes would make it illegal for a driver to carry out any of the following functions on their hand-held device:
- Illuminate the screen
- Unlock the device
- Check the time
- Check notifications
- Reject a call
- Compose text messages or e-mails to save in drafts
- Take photos or videos
- Use the phone’s camera as a mirror
- Search for music stored on the phone
- Search for photos or other images stored in the phone
- Dictate voice messages into the phone
- Read a book downloaded on the phone
- Play a game downloaded on the phone
None of the above actions would constitute carrying out an activity for the purposes of interactive communication and therefore would not be covered by the current law. If/when the proposed amendments are enacted, such acts would fall within the new law and would carry 6 penalty points and a £200 fine.
The obvious logic behind the proposed amendments is that it is just as dangerous for a driver to take a selfie when driving as it would be for them to read a text message. Any act that distracts someone from the road can cause an accident therefore it makes sense to eliminate the distinction. The only real surprise is that this suggested amendment was not put forward sooner given the significant advancement in technology over the past decade.
If you have found yourself subject to an investigation for this offence, or if you have received a fixed penalty notice for driving whilst using a mobile phone, please do not hesitate to get in touch for a free consultation.
Driving Offences