New Law Placed On Drivers That Prohibits All Hand-held Use Of A Mobile Phone Or Similar Device, Except In Very Limited Circumstances

• Published date: 18 April 2022
• Subject Matter: Media, Telecoms, IT, Entertainment, Transport, Mobile & Cable Communications, Rail, Road & Cycling
• Law Firm: BCL Solicitors LLP
• Author: Mr Daniel Jackson

BCL's Senior Associate, Daniel Jackson, provides a timely reminder of the new law facing motorists on our roads.

The need for change

The increased technological capabilities of mobile phones highlighted the need to update The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003, which had previously amended The Road Vehicles (Construction and Use) Regulations 1986 by inserting a new regulation 110, and made it an offence for a driver of a motor vehicle on a road to use a hand-held mobile telephone or hand-held device (other than a two-way radio that performs an 'interactive communication function' by transmitting and receiving data).

From 1 December 2003, according to paragraph 6(c) of the 2003 Regulations, 'interactive communication function' included:

• sending or receiving oral or written messages;
• sending or receiving facsimile documents;
• sending or receiving still or moving images; and
• providing access to the internet.

If one considers the functions available on most mobile phones today, it has been evident for a period of time in the court system that the conduct of some drivers, when using a mobile phone behind the wheel of a motor vehicle, fell outside the scope of the offence.

The new law for drivers

The use of a mobile phone or similar device whilst driving now extends further than simply 'interactive communication'.

The change in the law amends the 1986 Regulations through another statutory instrument - The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022, which came into force on 25 March 2022, and extends to England, Wales and Scotland.

It should be noted that 'performs an interactive communication function by transmitting and receiving data' has been replaced with 'is capable of transmitting and receiving data, whether or not those capabilities are enabled'. Therefore, now covering incidents where the device is in Airplane Mode or Mobile Data is turned off.

Further, the amendment has removed the wording 'during the course of making or receiving a call or performing any other interactive communication function', and substituted it with 'while being used', which amends Regulation 110(6)(a) to: 'a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point while being used.'

Of most significance are the changes to paragraph 6(c), which mean that the word 'using' now includes the following:

(i) illuminating the screen;

(ii) checking the time;

(iii)...