We reported in early March 2022 that new motoring laws were coming into force, significantly changing the way motorists could use mobile phones while driving. Here, we explain exactly what has changed, what penalties you could face, and what you can (and cannot) do when it comes to using your mobile phone while driving.

The headlines are that:

  • It is illegal to use a hand-held device while driving in virtually all circumstances in England and Wales, including touching, holding and scrolling through your phone
  • You can still use hands-free technology, but only if it does not distract you
  • You could face six penalty points and a minimum £200 fine for using your mobile phone while driving
  • Exceptions can be made where you need to call 999 while driving or you are paying at a drive-through

Caught driving on your mobile phone?

Have you been caught driving while using your mobile phone? Contact us to find out how we can help. Our motor defence solicitors are leading experts in their field and can advise you further.

2022 changes to the Highway Code

On March 25 2022, changes were made to the Highway Code that introduced stricter laws around mobile phone use while driving.

The changes were made because the original law was written back when mobile phones were only used for ‘interactive communication’ – in other words, calling and messaging each other. Now, of course, mobile phones can do all sorts of things like take videos, navigate and play music. However, the old law did not account for these functions. The government said this created a loophole, as motorists could avoid charges if they were not using their mobile phone for an ‘interactive communication’.

What’s new – 2022 mobile phone driving laws

So, what is new, exactly?

Before March 2022, it was illegal to make/take calls or send/read text messages while driving. Now, it is illegal to use a hand-held device while driving in virtually all circumstances.

A hand-held device is defined as a device, other than a two-way radio, which is capable of transmitting and receiving data, whether or not those capabilities are enabled. This means that even if a phone is on airplane mode, it is still counts as a hand-held device.

Also, a device will be treated as hand-held if it is, or must be, held while being used.

These are legalistic definitions. Really, what you need to know is that you cannot use your mobile phone while driving for any reason, other than in very specific circumstances, which we have outlined below.

When we say ‘use’ a mobile phone, we mean that you cannot hold or touch your phone. You can still make calls via your car’s handset, or play music via voice control. But if you touch, open or scroll through your phone while driving, you could be breaking the law.

What can’t you do?

You cannot use your phone to do any of the following while driving:

  • Illuminate the screen
  • Check the time
  • Check notifications
  • Unlock the device
  • Make, receive or reject a telephone or internet-based call
  • Send, receive or upload oral or written contact
  • Send, receive or upload a photo or video
  • Use the camera, video or sound recording functions
  • Draft a text
  • Access any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages
  • Access an application
  • Access the internet

What about using my phone to navigate?

One of the primary reasons we might be tempted to use our phones while driving is for navigation purposes. You can still continue to do so, so long as you do not touch your phone and it does not distract you. For example, you can have your phone in a cradle, but that cradle must not obstruct your view of the road.

However, you must not touch your phone at all while driving. This means that if you need to re-route or check the directions more closely, you need to find a safe place to pull over, park and turn off the engine. Once you have reset the navigation, you can resume your journey. Alternatively, you can set the navigation using voice control or your vehicle’s infotainment system.

What about if I’m using hands-free?

You can use your phone via your vehicle’s infotainment system and/or via hand-free technology (such as voice control). This means you can link your device to your car and make calls while driving, so long as you do not touch your phone. Instead, you can use voice commands or use the vehicle’s buttons/touch screen.

However, this does come with a caveat: although you might not be breaking the mobile phone driving laws, you could still be prosecuted for dangerous driving if using a hands-free device distracts you.

What if I’m stationary?

You cannot use your mobile phone while driving even if you are sat in traffic, waiting for a traffic light to change, or otherwise motionless. If the ignition is on and you are behind the wheel, then you are considered to be driving. This also applies to vehicles that turn off the engine when you stop moving.

What about if I’m supervising a learner driver?

One thing many people do not realise is that mobile phone driving laws apply to those who are supervising learner drivers. So, if are travelling as a passenger in a vehicle while supervising a learner driver, you cannot use your phone, other than for the exceptions described below.

What are the exceptions?

Above, we mentioned that you cannot use your mobile phone while driving for any reason, other than in very specific circumstances. These circumstances are:

  1. You need to call 999 – if you need to call 999 due to a genuine emergency, then you should try to pull over and stop the vehicle. If you cannot, then there is some flexibility in the law to allow a motorist to call the emergency services.
  2. You are paying at a drive-thru – lots of people use their mobile device to pay for goods and services these days. The law has been written to allow payments at fuel stations and drive-throughs, as the risk of causing an accident is low.
  3. Remote controlled parking – a device can also be used to park a vehicle remotely in particular circumstances.
  4. You are safely parked – if you are safely parked with the ignition turned off, you can use your mobile phone as normal.

What are the penalties for using your mobile phone while driving?

The penalties for using your mobile phone while driving have been subject to change. Now, you could face:

  • Up to six penalty points; and
  • A £200 fine*

*If your case goes to court, this fine could be as much as £1,000, or £2,500 for drivers of heavy goods vehicles.

What does this mean for new drivers?

For new drivers – meaning those who passed their test less than two years ago – getting six penalty points means your licence will be automatically revoked. You will effectively have to start all over again. First, you will have to pay for another provisional licence. Then, you will have to take and pass both your theory and your practical driving tests to get a full licence again.

What does this mean for other motorists?

Motorists who have held their licence for more than two years are allowed to have up to 12 penalty points at any one time. However, getting six penalty points on your licence in one go could push you over this 12-point limit. If so, you automatically receive a driving ban – known as a totting up ban. The only way to avoid a totting up ban is to dispute the offence, or plead exceptional hardship.

Do you need a defence solicitor?

If you have been accused of using a mobile phone while driving, our solicitors can help you. We are leading experts in motor defence law and offer straightforward, pragmatic advice. Having six penalty points added to your licence could very well mean that you face an automatic ‘totting up’ ban. We can discuss the best strategy in your case.

Find out more about our motoring defence fees.

Contact us now

Are you facing a motoring offence? Call us on 0333 009 6275. We are available 24 hours a day, 7 days a week.

You can also email us on enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we will contact you.

Frequently asked questions – mobile phone driving laws

What are the new phone laws 2022 UK?

As of March 25 2022, it is illegal to use your mobile phone while driving in England and Wales in virtually all circumstances. This means you cannot hold, touch, scroll through or input information into your phone.

Can I still use hands-free?

You can still use hands-free functions, so long as it does not obscure your view of the road and/or distract you in any way. If it does, then you could be accused of careless or dangerous driving.

Can I still use my phone sat nav while driving?

You can still use your phone to navigate while driving, so long as you do not touch the phone. You can have the device in a cradle, but that cradle must not obscure your view of the road.

How do the police prove that I was on my phone while driving?

The police can obtain CCTV footage or witness evidence that you were using your phone while driving. This witness may be a police officer. The police can also check with your service provider as to when calls were made/received.

What are the penalties for using a mobile phone while driving?

You face six penalty points and a £200 fine for using a mobile phone while driving. This fine can increase to a maximum of £1,000 (or £2,500 for HGV drivers) if your case goes to court.

Can I get advice about my case?

Contact our motor defence solicitors for initial advice about your case. Find out more about our fees here.

Call us on 0333 009 6275. We are available 24 hours a day, 7 days a week.

You can also email us on enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we will contact you.