Driving Mobile Phone Regulations

The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022 Came into force 25th March 2022 further tightening restrictions on mobile phone use at the wheel

Since 2003, it has been an offence for drivers to use a hand-held mobile phone while driving. Offenders can face a fixed penalty notice of £200 or a fine of up to £2,500 in the magistrates’ court, as well as 6 penalty points on their licence. However under previous legislation an offence was only committed where it can be proved not only that a driver was holding the phone and using it, but also that the phone was being used to perform an interactive communication function such as making a call or sending a text rather than a ‘standalone’ function such as recording a video.

Under the new regulations it is now illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle. This includes all use e.g. texting, making calls, taking photos or videos, browsing the web etc.

Exceptions to this are:

• you need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop
• you’re safely parked
• you’re making a contactless payment in a vehicle that is not moving, for example at a drive-through restaurant
• you’re using the device to park your vehicle remotely

Hands free use is still permitted.

Where you have employees who drive, whether on the road or on site, as part of their work, it is important that you have suitable policies and procedures place. Please speak to your normal PIB Risk management contact or get in touch using [email protected] if you have any questions or would like assistance with developing a safe driving or occupational road risk policy.