Law to be tightened to close a loophole that allows people to escape prosecution for hand-held phone use behind the wheel
The government has confirmed it will close a legal loophole which has allowed drivers to escape prosecution for hand-held mobile phone use while behind the wheel.
Transport Secretary Grant Shapps today (1 November 2019) announced that he will urgently take forward a review to tighten up the existing law preventing hand-held mobile use while driving.
At present, the law prevents drivers from using a hand-held mobile phone to call or text. However, people caught filming or taking photos while driving has escaped punishment as lawyers have successfully argued this activity does not fit into the ‘interactive communication’ currently outlawed by the legislation.
The revised legislation will mean any driver caught texting, taking photos, browsing the internet or scrolling through a playlist while behind the wheel will be prosecuted for using a hand-held mobile phone while driving.
Grant Shapps, Transport Secretary said:
It is already a criminal offence to use a phone while driving without a hands-free device. This latest move will see the government go further to ensure the law reflects the use of devices that allow other distracting activities.
The impact of this behaviour is proven – if a driver looks at their phone for just 2 seconds when travelling at 30 miles per hour, whether to reply to a message or send a quick snap, they will travel 100 feet blind, drastically increasing the chance of an accident.
The review will be urgently taken forward with further proposals expected to be in place by next spring, making the offence clearer for drivers and police forces.
Nick Lloyd, Head of Road Safety at the Royal Society for the Prevention of Accidents said:
While ministers have also announced that they will consider the current penalties in place for hand-held mobile phone use, there are no plans to ban hands-free phone use.
Anthony Bangham, National Police Chiefs Council Lead for Roads Policing, Chief Constable said:
The government also targets distracted drivers by challenging the attitudes, behaviours and social factors that lead to accidents in its award-winning THINK! campaigns.
These are the latest steps taken by the government to improve road safety following the launch of the Road Safety Action Plan earlier this year, which set out over 70 measures to reduce the number of people killed and injured on roads around the country.