The brand new UK driving law introduced to shut a legal loophole

A new driving law will make it illegal to use your smartphone while driving.

People who use a hand-held mobile phone while driving in all circumstances will now be breaking the law – once it’s brought in following a 12-week public consultation process.

The rule comes under new Government plans unveiled by Roads Minister Baroness Vere today (Saturday, October 17).

While it was already a criminal offence to use a hand-held mobile phone to call or text while driving, it was technically not illegal to take photos.

While still distracting, drivers had previously escaped punishment due to a ‘legal loophole’ where such actions aren’t seen as ‘interactive communication’ and therefore failed to fit the definition of the offence.

However, following a review of the offence, a consultation has now been launched on bringing the law into line with modern technology.

This means that drivers caught taking photos, playing games or scrolling through a playlist behind the wheel will be breaking the law on mobile phone use.

To recognise that mobile phones are commonly used as a method of payment – such as at takeaway drive-thrus – an exemption will apply under the new proposals set out by the Government today.

Exemptions include for contactless payments, if a vehicle is stationary, and if goods or services – such as a takeaway meal – are delivered immediately.

Roads Minister Baroness Vere said: “Our roads are some of the safest in the world, but we want to make sure they’re safer still by bringing the law into the 21st century.

“That’s why we’re looking to strengthen the law to make using a hand-held phone while driving illegal in a wider range of circumstances – it’s distracting and dangerous and for too long risky drivers have been able to escape punishment but this update will mean those doing the wrong thing will face the full force of the law.”

Ministers have, however, rejected calls to go further by banning the use of hands-free functions.

This means drivers will still be able to continue safely using devices ‘hands-free’ while driving, such as a sat-nav that’s secured in a cradle or holder.

‘Being distracted at the wheel can change lives forever’

The proposals came after research was published today.

The study, which was commissioned by the Department for Transport and carried out by the University of Leeds, looked at footage of 51 drivers and found that over the course of 765 trips, 662 mobile phone interactions were observed with only 38 completely hands-free.

At 30mph, a car travels 100 feet in 2.3 seconds – meaning even a split-second lapse from changing a song on a playlist or checking an app could result in a crash.

Using a hand-held mobile phone while driving will see drivers slapped with six penalty points and a £200 fine.

National Police Chiefs’ Council Lead for Roads Policing, Chief Constable Anthony Bangham, said: “Using a mobile phone while driving is incredibly dangerous and being distracted at the wheel can change lives forever.

“Police will take robust action against those using a hand-held mobile phone illegally and proposals to make the law clearer are welcome.”

AA president Edmund King OBE also welcomed the stringent measures.

“There’s no excuse for picking up a mobile phone when driving so we’re pleased this loophole will be closed. Phones do so much more than calls and texts, so it’s only right that the law is changed to keep pace with technology,” he said.

“Tweets, TikTok and Instagram snaps can all wait until you park up.

“These new rules will clarify the law and help drivers realise that this dangerous act can have the same consequences and be as socially unacceptable as drink driving. If you cannot resist the temptation to pick up your phone, then you should convert your glovebox into a phone box.