New year, new mobile phone laws

The mobile phone offence has evolved significantly since its introduction in 2007. Back then we had never heard of smart phones and so there was arguably no need to provide the clarity that is set to be introduced in 2022.

Current laws mean that it is illegal to drive and conduct interactive communications such as texting or make a phone call using a hand-held device (other than in an emergency). The wording of the legislation has been open to challenge due to the fact that what constitutes “interactive communication” has been open to interpretation. The current law does not cover all functions of using a phone such as recording a video or changing pre-downloaded music.

In 2022, the mobile phone offence is not changing when it comes to the penalty imposed which will remain as 6 penalty points and a £200 fixed penalty. The new laws will, however, specify more activities that will fall under the mobile phone offence removing the ambiguity that has allowed prosecutions to be open to challenge. This will mean that many activities that could previously be argued were not “interactive communications on a mobile phone” will mean a motorist does fall foul of the mobile phone offence. These include:

Using a mobile phone when stationary in traffic, at traffic lights, at a stop sign, in traffic, or when supervising a learner driver will be treated in the same way as if you were driving except in very limited circumstances such as emergency situations or when safely parked.

The Government plan to revise The Highway Code to explain the new measures.

We previously wrote about this in our blog from 2018 as it was clear to us that this could be construed to be use of a mobile phone whilst driving. It seems the law makers have listened and contactless payments made using a mobile phone whilst stationary will be excluded under new laws. This is to cover updates to technology when individuals are at drive-throughs and road tolls.

Taking your eyes or hands off the road can be fatal. Using any phone behind the wheel makes you four times more likely to be involved in a crash resulting in injuries and researchers have found a correlation between phone use and culpability in crashes. Mobile phones have advanced a lot in recent years and the new laws aim to reflect this, as well as to close ‘loopholes’ in the current laws.

Research has also found that it can take 30 seconds to regain full attention after using your phone, during this time your driving is impaired.

Ipsos MORI research conducted throughout 2020 found:

1. Six in ten motorists agreed that they check their phones out of habit rather than for a particular reason. Participants described mobile phone use as something they have little control over and the level of attachments to mobile phones was generally high.
2. When driving with mobile phones, 12% of participants said they need to see notifications or calls that come through on their phone while driving/riding and to respond fast.
3. 12% of participants agreed they need to use their mobile phones while commuting or making long journeys to fill the time.
4. One in six of those aged 16-24 (17%) and one in five of those aged 25-34 (22%) said they tap the phone screen to use their phone while driving or riding.
5. One in four (24%) of motorists said they had used their mobile phone in hand to make or receive a call in the last 12 months.
6. Most motorists were aware that handheld mobile phone use is illegal whilst driving/riding but were less likely the know the consequences of doing such. Fewer motorists were aware of the rules when searching for music or dialling a number to put in a hands-free holder.

The ‘THINK!’ campaign found that 37% of people agreed that the chance of getting caught using their mobile phone is minimal and 52% of individuals did not worry about the consequences of getting caught.

The Government are therefore introducing new laws to strengthen and clarify the ambiguity surrounding existing laws. This will likely lead to more prosecutions in the coming years.

The penalty for using a mobile phone while driving carries a fixed penalty of £200 and six penalty points.

New drivers Be Warned!

The research undertaken prior to these rule changes revealed younger motorists are more likely to have used a hand-held device at the wheel.

If you are a new driver (passed your test within two years before the offence) you will face revocation of your licence if you amass six or more penalty points on your licence. As you can see, even one mobile phone offence would mean that your licence would be revoked and you would have to re-take your practical and theory tests. If you find yourself in a similar position, we are able to ask the court to impose a short-term ban as an alternative to penalty points.

Other drivers

If you amass twelve or more penalty points on your licence within a three year period, you will face a six-month disqualification under the totting-up provisions unless exceptional hardship is found. You can see that one mobile phone offence accounts for half of the number of points a driver can amass on their licence within three years.

If you find yourself at risk of totting up, we are able to ask the court to impose a short-term ban as an alternative to penalty points or advance an exceptional hardship argument.

It will remain illegal to hold a phone or a satellite navigation system whilst driving or riding. There must be hands-free access for the device and the device must not block the view of the road and traffic ahead.

Motorists will still be able to use hands-free devices such as satellite navigations systems, although it will still be an offence if a motorist is not in proper control of their vehicle when using a hands-free device. The use of hands-free devices can still cause mental distraction, which BREAK, road safety charity states is the main impairment of phone use behind the wheel.

The RAC ‘Be Phone Smart’ campaign encourages you to ask yourself:

1. What could wait until you got out of your vehicle;
2. What are the chances of missing something genuinely important while you’re driving?;
3. Consider the consequences if you got caught using a handheld phone at the wheel – the embarrassment, the hassle, the points, the fact you might even lose your licence, and the impact that would have on your life;
4. Think how you would feel if you were responsible for causing a crash because you let yourself be distracted by your phone; and
5. If you know, or think you’re tempted to use a handheld phone at the wheel, put it away. If it’s out of sight and silenced, you know you can stay focused on the road ahead.

If you are facing a motoring offence such as a mobile phone offence, we suggest you contact our offices on 0161 274 5580 and speak to a member of our legal team who will be able to advise you on how to best proceed with your case.