Eyes on the Road, Hands Off the Phone.

The 2022 amendments to Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 came into effect on 25 March 2022

The 2022 amendments significantly broadened the scope of the law governing the use of handheld mobile phones while driving in England, Scotland, and Wales.

These amendments were designed to address loopholes and clarify what constitutes an offence.

Key Changes Introduced by the 2022 Amendments

1. Prohibition on Holding a Phone for Any Purpose:

The law now makes it illegal to hold and use a handheld mobile phone or similar device for any purpose while driving, regardless of whether the activity involves communication.

Prohibited uses explicitly include:

• Making or receiving calls.

• Sending or reading messages (texts, emails, or other forms of communication).

• Accessing social media or internet browsers.

• Taking photos or videos.

• Unlocking the phone or checking notifications.

• Playing games, accessing apps, or performing any non-communication functions.

2. Applies Even When Stationary:

The prohibition applies even if the vehicle is stationary, but the engine is running (e.g., at traffic lights or in a traffic jam).

3. Limited Exceptions:

The only exceptions are:

• Using the phone to make contactless payments while the vehicle is stationary, such as paying at a drive-through or toll booth.

• Calling emergency services (e.g., 999 or 112) when it is unsafe to stop.

4. Broader Scope Compared to Pre-2022 Law:

Before the amendments, the offence required “interactive communication functions” (e.g., making calls or sending texts), as clarified in R v Barreto [2019]. The 2022 amendments closed this loophole by prohibiting all use of handheld devices, whether communicative or non-communicative.

Purpose of the Amendments

The 2022 changes were introduced to enhance road safety and reduce distractions caused by handheld mobile devices. By banning all forms of handheld device use, the law removes ambiguities and ensures that any action involving holding a device is considered an offence.

This amendment is part of the government’s efforts to ensure drivers remain focused and in control of their vehicles at all times.

Penalties

Drivers caught holding or using a phone while driving face:

• A £200 fine.

• Six penalty points on their driving licence.

• New drivers (within 2 years of passing their test) risk having their licence revoked.

How to Stay Compliant

To avoid penalties:

1. Use a hands-free system (e.g., Bluetooth, dashboard mounts) that does not require holding the phone.

2. Park safely and switch off the engine before handling your phone.

3. Familiarise yourself with the 2022 legal changes to ensure you remain within the law.