Changes to mobile phone usage in the Highway Code
Unfortunately more and more drivers are tempted to pick up their mobile phones. Tougher laws have been introduced in March 2022 to ban drivers from using their phones for actions such as taking pictures or videos, scrolling through playlists, or playing games.
Using mobile phone whilst driving pose a danger not only to the drivers but to everyone else around them.
Using a mobile phone whilst driving is dangerous- driving requires a person’s full attention. Many accidents happen on the roads of Britain simply because drivers have taken their eyes off the road ahead. Drivers who speak on phones, hands-free and handheld are four times more likely to crash resulting in injuries.
“HGV drivers are no angels”
From a roadside observation survey in autumn 2021, drivers were observed using a hand-held mobile phone whilst driving in Great Britain by vehicle type. According to the Government survey, in 2021, 1.0% of all drivers in Great Britain were observed using a mobile phone. The proportion of heavy goods lorry drivers using their phones on the road is almost double that of car drivers, at 1.9%. In 2021 there were 6,200 prosecutions for use of a mobile device whilst driving, this number has fallen over the last decade from 31,400 in 2011.
More than 50 drivers a day are caught using their mobile at the wheel despite the introduction of tougher penalties. Home Office figures show that the number of fines issued for using a hand-held device has risen by 10 percent in England and Wales in a year.
What are the new 2022 rules on using a mobile phone when driving in the UK?
It is illegal to touch any devices while driving
It’s illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data while driving or riding a motorcycle.
This means you must not use a device in your hand for any reason, whether online or offline.
For example, you must not text, make calls, take photos or videos, play games, scroll through playlists or browse the web.
You also cannot touch your HGV sat nav while driving! If you need to make adjustments to your route you must find a safe place to stop in order to change the settings of the GPS device.
The law still applies to you if you’re:
· stopped at traffic lights
· queuing in traffic
· supervising a learner driver
· driving a car that turns off the engine when you stop moving
· holding and using a device that’s offline or in flight mode
You can use a device held in your hand if:
· you’re making a contactless payment in a vehicle that is not moving, for example at a drive-through restaurant
· you need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop
· you’re safely parked
· you’re using the device to park your vehicle remotely
Drivers can make contactless payments, for example, at drive-throughs, so long as their vehicle is stationary. They can also still use a device ‘hands-free’ while driving if it’s secured in a cradle, allowing motorists to use their phone as a sat-nav.
Are Hands-free phones still legal?
At present, it is not an offence to use a hands-free phone while driving, despite the risks being similar. However, the police can stop drivers whom they deem not in control because of distraction, including through the use of a hands-free phone, which can result in prosecution.
Any changes to the penalties?
There are no new changes to the penalties for now. The current sentence for driving while using a mobile phone is six points with a £200 fine if you are offered a fixed penalty, or six points or a discretionary disqualification with a maximum £1,000 fine at court. If you are a professional driver you could face fines of up to £2500.
Final comment
I am a professional driver myself, no matter if I’m in my car, HGV, or pedestrian. The number in which I see road users driving and operating banned devices is staggering. Mobile phones are the biggest distraction currently and unless tougher enforcement happens, change will be unlikely for most until it’s too late.
This Highway Code update clears up some of the grey areas but there is still a lot more that needs to be done.
“Before you pick up that phone, please think -
Is it really worth it?”
You can concentrate on the road and your mobile phone safely!
No matter how good of a driver we think we are.
We discuss in more detail about this topic in our Driver CPC courses.
Vincent Winfield
Executive Director of NationalCPC
