Today, new laws come into effect relating to using your mobile phone while driving.

Since 2003, it’s been an offence to use a hand-held mobile phone or similar hand-held device while driving in Great Britain. This includes using a mobile device for ‘interactive communication’, namely phone-calls and messages or accessing the internet.

The law is now being updated to keep up with technology, as mobile devices are increasingly used for tasks beyond interactive communication, like to play music and games, take photos or videos, or scroll through articles. The new law will amend existing regulations and will mean the offence is triggered whenever a driver holds and uses a device, regardless of why they are holding it. This would include a device being in flight mode. This includes:

• illuminating the screen
• checking the time
• checking notifications
• unlocking the device
• making, receiving, or rejecting a telephone or internet based call
• sending, receiving or uploading oral or written content
• sending, receiving or uploading a photo or video
• utilising camera, video, or sound recording
• drafting any text
• accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages
• accessing an app
• accessing the internet

Exemptions

In addition to an existing exemption which allows a driver to use a phone in emergencies, drivers will be permitted to hold and use a device while driving to make a contactless payment at a payment terminal for goods or services. The vehicle would have to be stationary, and the item being paid for must be provided at the same time or after the contactless payment is made. Examples include paying for a car park or drive-through coffee using a phone.

Using a mobile phone for navigation will continue to be legal, as long as it is kept in a cradle and not in the driver’s hand. The Government will update both the Gov.uk guidance on Using a phone or a sat nav when driving and the Highway Code, to reduce misunderstandings about the new law, particularly on the difference between hand-held and hands-free use.

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