While still distracting, drivers have escaped punishment due to a legal loophole where such actions aren’t seen as ‘interactive communication’, and therefore do not fit the current definition of the offence. Now, following a review of the offence, a consultation has been launched on bringing the law into line with modern technology - meaning drivers caught taking photos, playing games or scrolling through a playlist behind the wheel will be clearly breaking the law on mobile phone use.

However, recognising that mobile phones are commonly used as a method of payment – such as at drive-thrus – an exemption will apply under the new proposals set out by government today to contactless payments, if a vehicle is stationary, and if goods or services – such as a takeaway meal – are delivered immediately.

Roads Minister Baroness Vere said:

Our roads are some of the safest in the world, but we want to make sure they’re safer still by bringing the law into the 21st century. That’s why we’re looking to strengthen the law to make using a hand-held phone while driving illegal in a wider range of circumstances – it’s distracting and dangerous and for too long risky drivers have been able to escape punishment but this update will mean those doing the wrong thing will face the full force of the law.

Laws regulating the use of mobile phones in vehicles in England and Wales were first introduced in 2003 in the Road Vehicles (Construction and Use) (Amendment) (No 4) Regulations 2003 and clarified in the High Court judgement of DPP v Baretto[2019] EWHC 2044 (Admin)

Ministers have rejected calls to go further by banning the use of hands-free functions – drivers will still be able to continue safely using devices ‘hands-free’ while driving, such as a sat-nav secured in a cradle.

The proposals come as new research published today gives a further snapshot into driver behaviour in the UK. The project, commissioned by the Department for Transport and carried out by the University of Leeds, looked at footage of 51 drivers and found over 765 trips, 662 mobile phone interactions were observed with only 38 completely hands-free. By updating the law, police powers will be bolstered to tackle this behaviour even further – ensuring they can take immediate action if they see a driver holding and using their phone at the wheel. The penalties in place for using a hand-held mobile phone while driving are 6 penalty points and a £200 fine.

National Police Chiefs’ Council Lead for Roads Policing, Chief Constable Anthony Bangham, said:

Using a mobile phone while driving is incredibly dangerous and being distracted at the wheel can change lives forever. Police will take robust action against those using a hand-held mobile phone illegally and proposals to make the law clearer are welcome.