Every person sitting behind the wheel of a car, van or truck probably knows it’s illegal to use a hand-held phone while driving, yet 23% of all UK drivers admit it’s something they do, while 18% of drivers aged 17 to 24 said they made video calls while behind the wheel, according to the RAC.
New laws that came into force on March 25th 2022 prohibit drivers from using any handheld device outside of a fixed cradle that can send or receive data whilst driving or riding a motorcycle.
Who does the new law apply to?
This law applies even if you are waiting at traffic lights, queuing in traffic, with a learner driver, or in a car with a start/stop engine that is not moving.
RAC figures show 42% of all drivers said they make or receive handheld calls while their car is stationary but the engine is switched on, up from 39% in 2019.
Potential consequences
Drivers found to have broken the law can receive up to six penalty points and a £200 fine. If they have passed their test within the past two years, they could also lose their licence.
Those using a handheld device could also face three additional penalty points if they do not have a full view of the road and traffic ahead or proper control of the vehicle.
Offenders may also be taken to court, where they could be banned from driving and face a maximum fine of £1,000 increasing to up to £2,500 for lorry or bus drivers.
Veteran drivers beware
Drivers can lose their licence if they get 12 points within three years equating to just two mobile phone incidents. If the police deem a case is a particularly extreme example of using a mobile phone behind the wheel, the driver could be taken to court, where the maximum fine is £2,000, and potential disqualification.
Anyone involved in an accident caused by using a hand held device, faces even tougher action. As well as a mandatory two-year driving ban, the government is mulling increasing the penalty for causing death by dangerous or careless driving from 14 years to life imprisonment.
The law comes as a relief to the 13 million people who said the issue was one of their top concerns, and closes a loophole that has allowed people to escape dangerous driving convictions.
When can I hold and use my mobile phone in a car?
It is only legal to hold and use your mobile phone while in a car when you are safely parked, preferably with the ignition off. This does not include waiting in traffic or at traffic lights.
You can also make 999 or 112 calls on a hand-held device while driving, but only if it’s not otherwise safe to stop.
Drivers can make a contactless payment in a vehicle that is not moving, for example at a drive-through restaurant.
Reflecting the changing technology landscape, drivers can also use a mobile phone if it is being used to remotely park their vehicle.
What about hands-free phones?
Currently, the government has no plans to ban hands-free phones, despite calls to do so, but there are several things to remember when using these kits.
- You cannot hold your phone when behind the wheel, even momentarily, and including when supervising a learner driver
- You must have hands-free access to use your phone for communication
- Hands-free devices must be fully set up before beginning your journey so calls can be taken without handling the phone
- The device must not obstruct the driver’s view of the road
If the police have reason to think your hands-free kit is distracting you from driving, they can stop you.
Transport Secretary Grant Shapps says:
“I will do everything in my power to keep road-users safe, which is why I am taking a zero-tolerance approach to those who decide to risk lives by using their phone behind the wheel.
“I’m ensuring anyone who chooses to break this vital law can face punishment for doing so and we’ll continue our efforts to ensure our roads remain among the safest in the world.”
If you’re involved in an accident with someone who was on their phone
If you’re unfortunate enough to be involved in a road traffic accident with someone who was on their mobile phone while driving, our expert team will help you deal with the claim quickly and efficiently.
Our personal injury lawyers are at your disposal should you require them, and we can arrange a courtesy car while your vehicle is repaired at one of our trusted network of garages.
We will take care of all aspects of your claim, keeping you up to date and informed at every stage, so you don’t have to worry about a thing.
You can call us 24/7 on 020 8556 6633, email us at contact@integritycm.co.uk or submit your claim using this online form.