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Any use of handheld phone while driving will be illegal

23 Nov 2021

Employees driving for work should be aware that police will soon be able to more easily prosecute drivers using a handheld mobile phone at the wheel after the Government strengthens existing laws to further improve road safety.

It is already illegal to text or make a phone call (other than in an emergency) using a handheld device while driving. Next year, laws will go further to ban drivers from using their phones to take photos or videos, scroll through playlists or play games.

This will mean anyone caught using their handheld device while driving will face a £200 fixed penalty notice and six points on their licence.

Drivers will still be able to continue using a device ‘hands-free’ while driving, such as a sat nav, if it’s secured in a cradle. They must, however, always take responsibility for their driving and can be charged with an offence if the police find them not to be in proper control of their vehicle.

Transport Secretary, Grant Shapps, said:

“Too many deaths and injuries occur while mobile phones are being held. By making it easier to prosecute people illegally using their phone at the wheel, we are ensuring the law is brought into the 21st century while further protecting all road users. While our roads remain among the safest in the world, we will continue working tirelessly to make them safer, including through our award-winning THINK! campaign, which challenges social norms among high-risk drivers.”

This follows a public consultation that found 81% of respondents supported proposals to strengthen the law and make it easier for culprits to be prosecuted.

Following the public consultation, the Government will revise The Highway Code to explain the new measures. It will also be more precise about the fact that being stationary in traffic counts as driving, making it clear that handheld mobile phone use at traffic lights or in motorway jams is illegal except in very limited circumstances.

There will be an exemption to the new law for drivers making a contactless payment using their mobile phone while stationary to ensure the law keeps pace with technology.

This exemption will cover, for example, places like a drive-through restaurant or a road toll, and will only apply when payment is being made with a card reader. It will not allow motorists to make general online payments while driving.

Mary Williams OBE, Chief Executive of Brake – the road safety charity, said:

“Driver distraction can be deadly and using a handheld phone at the wheel is never worth the risk. This important road safety decision by Government, coinciding with Road Safety Week, is very welcomed."

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