Using a Mobile Phone While Driving Solicitors

Understanding Using a Mobile Phone While Driving Offences

The use of a mobile phone while driving is an offence. Recent changes to mobile phone laws have made these regulations more stringent than ever. You also commit an offence if you cause or permit someone else to drive while using a hand-held mobile telephone or any interactive communication device.

Understanding mobile phone laws is crucial for every driver, as the penalties can significantly impact your license, livelihood, and insurance premiums for years to come.

Many drivers don’t realise that supervising a provisional licence-holder carries the same legal responsibilities as driving yourself. If you’re supervising a learner and use your phone, you’re breaking the law just as if you were behind the wheel.

Beyond specific mobile phone offences, the police may also charge drivers with not being in a position to be in proper control of a vehicle – a serious allegation that can result in penalty points, fines, or disqualification. Whatever the circumstances of your case, our specialist driving solicitors can help defend against these charges.

Lucy Whittaker, the founder of Pragma Law, provides a comprehensive explanation of mobile phone laws for drivers in the video below.

The Law Mobile Phone use While Driving

Mobile phone driving laws are primarily contained in Section 41D of the Road Traffic Act 1988 and Regulation 110 of the Road Vehicles Construction and Use Regulations 1986. The Road Safety Act 2006, which came into force on 27 February 2007, created a specific offence in relation to the use of mobile phones and handheld devices.

At that time, mobile phones could perform only a handful of the functions that are now possible. As such, the legislation was drafted to include only a short list of interactive communication functions, including:

• sending or receiving oral or written messages
• sending or receiving faxes
• sending or receiving still or moving images
• providing access to the Internet

Offences On or After 25 March 2022

The law changed on 25/03/22, which amended the definition of ‘using’ a mobile phone.

These updated mobile phone laws significantly expand what counts as ‘using’ a device, reflecting how smartphone technology has evolved. Can you still use your phone in any way while driving? The short answer is generally no.

For offences committed on or after this date, you can be convicted if you are:

• 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
• using the camera, video, or making a sound recording
• drafting any text
• accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages
• accessing an application or accessing the internet

It will not include making contactless payments, provided your vehicle is stationary.

Though hands free phone usage remains permitted under current legislation, drivers should be aware that even these systems can cause dangerous distractions and potentially lead to a charge of driving without due care and attention.

Offences Before 25 March 2022

For an offence to be committed before this date, a mobile device must have been used to perform an interactive communication function by transmitting and/or receiving data, to constitute an offence. For example, making or receiving a call, sending or reading a text message or accessing the internet.

Other Points to Note

It is for the prosecution to prove that you were ‘using’ the mobile phone or handheld device.

Many driving offences can be committed on the road or in public places. However, this offence can only be committed on a road.

Where use cannot be proven, the police may prosecute a driver for a different offence. This will depend on the circumstances, but alternative offences include driving while not in proper control of the vehicle, careless driving, and dangerous driving.

For more information, please see our FAQs on using a mobile phone while driving below.

If you would like to know more, please contact us today.