Find out about the changes to the Highway Code that affect all drivers including learner drivers. The changes are designed to keep road users safer by clarifying the law on mobile phone use while driving.
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CHANGES TO THE HIGHWAY CODE
March 2022
RECENT HIGHWAY CODE CHANGES
The government has recently been making changes to improve road safety for all users that all
drivers, including those currently taking driving lessons need to be aware of. From 25th March
2022 the laws will be strengthened to make it easier to prosecute drivers using and holding their
phones while behind the wheel. They are looking to close the legal loopholes that have allowed
motorists to avoid prosecution by arguing that they were not using their phones for ‘interactive
communications’
Currently, drivers are banned from texting or making a phone call while using a handheld device,
the only exception is in an emergency. This is now to be extended, drivers will not be allowed to
take photos or videos, check social media, scroll through playlists, access apps or play games on
their phones while behind the wheel. Those caught breaking the law will face a £200 fixed penalty
notice and six points on their licence.
WHAT’S COVERED BY THE BANK ON HANDLING A
PHONE?
The Department for Transport has given the following guidance on what is included in the ban:
• Checking the time
• Checking notifications
•
Illuminating the phone screen
• Accessing the internet
• Unlocking the device
• Drafting any text
• Making, receiving or rejecting a telephone or
internet based call
• Accessing an app
• Sending, receiving or uploading a photo or video
• Sending, receiving or uploading written or oral
conent
• Utilising the camera, video or sound recording
functionality
• Accessing any stored data eg documents, books,
photos, videos, playlists or notes
CLARITY
The Highway Code will also be revised to clarify that being stationary in traffic counts as driving
and hand-held mobile phone use at traffic lights or in motorway jams is illegal except in very
limited circumstances.
ARE THERE ANY EXCEPTIONS?
There is an exemption to the new rules to allow drivers to make a contactless payment using their
mobile, but only while stationary. This allows drivers to pay at tolls and fast food drive throughs.
Drivers are also allowed to call 999 in an emergency when there is no safe place to pull over.
WHAT IF YOUR PHONE IS IN A CRADLE OR
MOUNT?
The DfT have said that drivers will still be able to continue using a device ‘hands-free’ while
driving, such as a sat-nav, if it’s secured in a cradle. However, they must always take responsibility
for their driving and can be charged if the police deem that they are not in proper control of their
vehicle.
If drivers uses a mobile phone that is in a cradle at any point while driving that activity is covered
by wider road traffic laws regarding distractions. That could be ‘not in proper control of the
vehicle’, ‘careless driving’ or ‘dangerous driving’.
MORE INFORMATION CAN BE FOUND AT
Find out more on our website at https://www.geoffcapesdriving.co.uk/new-driving-laws-around-
mobile-phone-use/
Or at …
• https://www.gov.uk/using-mobile-phones-when-driving-the-law
March 2022
RECENT HIGHWAY CODE CHANGES
The government has recently been making changes to improve road safety for all users that all
drivers, including those currently taking driving lessons need to be aware of. From 25th March
2022 the laws will be strengthened to make it easier to prosecute drivers using and holding their
phones while behind the wheel. They are looking to close the legal loopholes that have allowed
motorists to avoid prosecution by arguing that they were not using their phones for ‘interactive
communications’
Currently, drivers are banned from texting or making a phone call while using a handheld device,
the only exception is in an emergency. This is now to be extended, drivers will not be allowed to
take photos or videos, check social media, scroll through playlists, access apps or play games on
their phones while behind the wheel. Those caught breaking the law will face a £200 fixed penalty
notice and six points on their licence.
WHAT’S COVERED BY THE BANK ON HANDLING A
PHONE?
The Department for Transport has given the following guidance on what is included in the ban:
• Checking the time
• Checking notifications
•
Illuminating the phone screen
• Accessing the internet
• Unlocking the device
• Drafting any text
• Making, receiving or rejecting a telephone or
internet based call
• Accessing an app
• Sending, receiving or uploading a photo or video
• Sending, receiving or uploading written or oral
conent
• Utilising the camera, video or sound recording
functionality
• Accessing any stored data eg documents, books,
photos, videos, playlists or notes
CLARITY
The Highway Code will also be revised to clarify that being stationary in traffic counts as driving
and hand-held mobile phone use at traffic lights or in motorway jams is illegal except in very
limited circumstances.
ARE THERE ANY EXCEPTIONS?
There is an exemption to the new rules to allow drivers to make a contactless payment using their
mobile, but only while stationary. This allows drivers to pay at tolls and fast food drive throughs.
Drivers are also allowed to call 999 in an emergency when there is no safe place to pull over.
WHAT IF YOUR PHONE IS IN A CRADLE OR
MOUNT?
The DfT have said that drivers will still be able to continue using a device ‘hands-free’ while
driving, such as a sat-nav, if it’s secured in a cradle. However, they must always take responsibility
for their driving and can be charged if the police deem that they are not in proper control of their
vehicle.
If drivers uses a mobile phone that is in a cradle at any point while driving that activity is covered
by wider road traffic laws regarding distractions. That could be ‘not in proper control of the
vehicle’, ‘careless driving’ or ‘dangerous driving’.
MORE INFORMATION CAN BE FOUND AT
Find out more on our website at https://www.geoffcapesdriving.co.uk/new-driving-laws-around-
mobile-phone-use/
Or at …
• https://www.gov.uk/using-mobile-phones-when-driving-the-law