Government Seeks to Tighten Mobile Phone Driving Rules

The Government has confirmed that it will legislate to tighten the rules on mobile phone use when driving.

Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 (as amended), which can be read here, prohibits a driver from using a hand-held mobile telephone or other device to call, text or perform any other interactive communication function.

An interactive communication function is defined by the Regulations as any of 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.

Under current rules, any driver caught using a mobile phone or other device for an interactive communication function faces a fixed penalty of £200 and 6 penalty points on their driving licence. The maximum penalty on summary conviction is a fine at level 3 on the standard scale in addition to 6 penalty points.

In recent years drivers caught filming or taking photos have escaped punishment as lawyers have successfully argued this activity does not constitute an interactive communication function as currently described by the legislation.

The revised legislation will mean any driver caught texting, taking photos, browsing the internet or scrolling through a playlist while behind the wheel will be prosecuted for using a hand-held mobile phone while driving.

The Secretary of State for Transport, Grant Shapps, said: "We recognise that staying in touch with the world while travelling is an essential part of modern day life but we are also committed to making our roads safe.

"Drivers who use a hand-held mobile phone are hindering their ability to spot hazards and react in time – putting people's lives at risk.

"We welcome the Transport Select Committee's report, and share their drive to make our roads even safer which is why this review will look to tighten up the existing law to bring it into the 21st century, preventing reckless driving and reduce accidents on our roads."

Research by the Department for Transport's Think! road safety campaign shows that one-in-six drivers on Britain's roads admits to using their mobile phone at the wheel. Travelling at 30 mph, a vehicle will cover 100 feet in the 2 seconds it takes a driver to briefly glance at their phone. It is therefore comes as little surprise that a driver using their mobile phone will takes on average three times longer to react than a fully alert driver.

Nick Lloyd, Head of Road Safety at the Royal Society for the Prevention of Accidents (RoSPA), said:

"Drivers who use their phones are up to 4 times more likely to crash. RoSPA highlighted this loophole in the summer and is delighted that such prompt action is being taken to ensure that all hand-held mobile phone use is to be prohibited, making our roads safer for all.

"This action comes alongside further measures to tackle phone use while driving, including a review of road traffic policing and wider traffic enforcement to look at how roads policing currently works, its effectiveness, and where improvements could be made.

In 2016, the last year for which statistics are available, 35 people died and 137 were seriously injured as a direct result of mobile phone use at the wheel.