It is absolutely clear that under almost all circumstances it is illegal to use smartphones and portable devices while behind the wheel of a car. But there are a few instances where it is allowable, according to experts at LeaseCar.uk.
New car phone laws were introduced six months ago and the leasing company said many drivers were unsure of exactly where they stand. Following the law change on March 25, 2022, it is now completely illegal to hold and use any mobile phone, satnav, tablets and other devices which can send and receive data, whilst driving.
Motorists are permitted to use phones in certain circumstances, however, such as making a 999 call or a contactless payment at a drive-through restaurant while the car isn’t moving. Hands-free access (such as through voice-command systems) is also allowed under the new rules, so long as motorists aren’t holding the devices as they drive.
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LeaseCar.uk said this means that a smartphone displaying a maps app is allowed if it is in a cradle and not touched by the driver while driving. But confusingly the same rule doesn’t apply to a fixed car infotainment system which the driver can touch.
Furthermore, if the cradle holding the smartphone or aftermarket satnav device is placed in a position deemed to be obstructing sight of the road and traffic ahead, then a fine and points could soon follow.
A spokesperson for LeaseCar.uk said: “There is still some confusion around the law changes in March with what you can and can’t do when using mobile phones and other devices - to put it simply, it is now completely illegal to hold and use these devices whilst driving.
“Of course there are a few exceptions, like when you’re making a 999 call, but you should make sure to be completely clear on these exceptions, or potentially face a hefty fine and points on your licence.
“It can be easy for us to get distracted by messages, calls and notifications popping up on our phones or wanting to quickly change the song that’s playing. It’s a good idea to stick your phone in the glovebox, out of sight, to not get distracted at all.”
The law change closes a previous loophole which technically permitted drivers to use and hold their phones, as it could be argued they were not using devices for ‘interactive communication’, as the law previously stated.
The Highway Code makes it very clear that this law still applies to drivers stopped at traffic lights or in queuing traffic; when supervising a learner driver; or using a car which has automatic stop-start technology.
However, there are some exceptions to the rules in the Highway Code:
- You can use a device held in your hand if:
- 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
Using devices hands-free:
You can use devices with hands-free access, as long as you do not hold them at any time during usage. Hands-free access means using, for example:
- a Bluetooth headset
- voice command
- a dashboard holder or mat
- a windscreen mount
- a built-in satnav
The device must not block your view of the road and traffic ahead.
Hands-free access devices include Bluetooth headsets, voice command systems, windscreen mounts, dashboard holders or built-in satnavs. If drivers wish to turn off or otherwise use devices with hands-free access, such as changing directions on satnavs and map apps, they must pull over and park up safely to operate the device legally.
Motorists caught holding or using mobile phones or other touchscreen devices whilst driving could face up to six points on their licence and a £200 fine, and for those who have passed their test in the last two years, their driving licence could be stripped away completely.
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