Ammended Laws on the Use of Mobile Phones - 2022
New 2022 Amendment to the Use of a Mobile Phone
It is an offence for a person to drive a motor vehicle on a road if he or she uses a mobile phone or hand-held device (these are further described in the regulations). Note that it is also an offence to use a handheld device if you are supervising a provisional licence holder, e.g. sitting in with a learner driver.
Previous law
Before March 2022, the law stated that a mobile phone or hand-held device could not be used while driving a vehicle.
A hand-held device is defined as a device other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.
A phone or device is 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.
An interactive communication covers activities such as:
Sending or receiving verbal or written messages;
Sending or receiving documents;
Sending or receiving still or moving images;
Providing access to the internet.
New law
The March 2022 amendment extends both the definition of a device and the use of one.
Hand-held devices will be defined as a device, other than a two-way radio, capable of transmitting and receiving data, whether or not those capabilities are enabled.
A phone or device will be treated as hand-held in the same way as in the current law, but with an important amendment. The amended regulation will say the device will be treated as hand-held if it is, or must be, held while being used.
The word ‘using’ will include:
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 contact;
Sending, receiving or uploading a photo or video;
Utilising camera, video or sound recording functionality;
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.
Permitted use of a Mobile Device
A device can be used in certain circumstances.
Under current law, these circumstances are
Calling the emergency services, acting in response to a genuine emergency, or if it is unsafe or impractical for him to cease driving to make the call.
An offence is not committed if the driver uses the device to perform a remote-controlled parking function in particular circumstances.
Using a device can be used for a contactless payment made at a contactless payment terminal.
e.g. payment at a Fast-food Drive-through or a Toll-booth,
A simple (and official) guide to the legislation may be found
https://commonslibrary.parliament.uk/changes-in-the-law-on-driving-while-using-a-mobile-phone/
Keeping up to date with Transport Rules & Legislation
To keep abreast of changes to legislation that will affect the operator licence, the driver or you as a Transport Manager, it is recommended that you attend at least a two-day CPC Refresher course every five years.
If you need help or advice, contact the team at MDR Training (UK) Ltd on 01530 834 554.