The law on the use of mobile phone is changing on the 25th March 2022.
Current Law
At the moment it is an offence under S41D of the Road Traffic Act 1988 to drive a motor vehicle while using an hand-held mobile telephone or other hand held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device.
It’s enactment made S110 Construction and Use Regulations as an offence. R110(6) defined a hand-held device as:
“a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function”
Under R110(6)(c) An interactive communication function” includes the following:
(i)sending or receiving oral or written messages;
(ii)sending or receiving facsimile documents;
(iii)sending or receiving still or moving images; and
(iv)providing access to the internet
This law has been under debate for many years. The onus has been on the prosecution to prove the “use” of the mobile phone within the terms of the legislation. This has been upheld recently in case law- DPP v Ramsey Barreto 2019. In essence the current law has not caught up to modern times and the technological advancements in relation to mobile phones.
It does seem ridiculous that you can use your phone to record road accidents or type notes in your phone whilst driving but not read a short text. But, the risks of accidents, death and personal injury are high in either case.
The growth and the use of mobile phones has expanded in the UK from less than 1% of the population owning a mobile phone in the late 1980s to 75% of the total market by 2005.
High mileage drivers who drive for work are more at risk of using a mobile phone and 78% have admitted using a mobile phone whilst driving compared to the average 37% of all drivers.
Numerous studies show that using a phone hand-held or hands-free impairs driver performance. Driver’s whilst using a mobile phone whilst driving will:-
- have increased heart rates
- increased stress levels
- take their eyes off the road ahead
- take in less than 50% of the road conditions around them
- will exceed the speed limits
- drive closer to the vehicle in front
- delay their reaction time by 0.5 second
- fail to observe lane positions
There has been a call for a change in the law for many years and now it is upon us, as from the 25th March 2022.
The New Law
As from the 25th March 2022 the law is changing under the Road Vehicles (Constructions and Use) (amendment) (No2) Regulations 20222:
The term “use” now includes
i)illuminating the screen;
(ii)checking the time;
(iii)checking notifications;
(iv)unlocking the device;
(v)making, receiving, or rejecting a telephone or internet based call;
(vi)sending, receiving or uploading oral or written content;
(vii)sending, receiving or uploading a photo or video;
(viii)utilising camera, video, or sound recording functionality;
(ix)drafting any text;
(x)accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages;
(xi)accessing an application;
(xii)accessing the internet
Replacing the old para 110(6)(c).
So basically, any form of use of your mobile phone whilst it is hand-held. It will be much easier for the prosecution to prove “use” as a result.
There are defences available so
Para 110 (5A) still applies
A person does not contravene a provision of this regulation if, at the time of the alleged contravention—
(a)he is using the telephone or other device to call the police, fire, ambulance or other emergency service on 112 or 999;
(b)he is acting in response to a genuine emergency; and
(c)it is unsafe or impracticable for him to cease driving in order to make the call (or, in the case of an alleged contravention of paragraph (3)(b), for the provisional licence holder to cease driving while the call was being made)
But a further defence as been added para 110 (5B)
“(5B) A person does not contravene a provision of this regulation, if at the time of the alleged contravention—
(a)that person is using the mobile telephone or other device to make a contactless payment;
(b)for a good or service which is received at the same time as, or after, the contactless payment is made; and
(c)the motor vehicle is stationary
“contactless payment” means a payment made at a contactless payment terminal using the contactless payment facility of a card, mobile telephone or other device
If you are an employer you should be revising your motoring policies and driver handbooks. Reviewing your practice to ensure that you are fully compliant. Remember the risk is higher even for hands-free so your policy and procedure must demonstrate safe practices for the use of hands-free calls.
A word of warning for company directors and fleet managers
S41D states causing or permitting the driving of a motor vehicle by another person using such a telephone or other device will be an offence.
This will make companies, directors and fleet managers potentially liable to the same penalties as the driver themselves. In the event of an accident or fatality there will be further potential liabilities incurred under the Health and Safety Regulation or the Corporate Manslaughter and Corporate Homicide Act 2007.
The stakes are high so please ensure that you get your policy and procedures review and amended prior to the 25th March 2022.
References