DfT seeks to close loophole on mobile phone use while driving

The government is planning to close a legislation loophole so that hand-held mobile phone use is banned in all circumstances while driving.

It’s already a criminal offence to use a hand-held mobile phone to call or text while driving, but not for other actions such as taking photos. While still distracting, drivers have escaped punishment due to a legal loophole where such actions aren’t seen as ‘interactive communication’, and therefore do not fit the current definition of the offence.

A consultation has been launched on bringing the law into line with modern technology – meaning drivers caught taking photos, playing games or scrolling through a playlist behind the wheel will be clearly breaking the law on mobile phone use.

Recognising that mobile phones are commonly used as a method of payment – such as at drive-thrus – an exemption will apply under the new proposals set out by government to contactless payments, if a vehicle is stationary, and if goods or services – such as a takeaway meal – are delivered immediately.

Ministers have rejected calls to go further by banning the use of hands-free functions – drivers will still be able to continue safely using devices ‘hands-free’ while driving, such as a sat-nav secured in a cradle.