2022 legislation introduces a zero-tolerance policy where mobile phone are concerned. Simply holding your device will trigger an offence being committed.
DPP V Barreto – In 2019, Mrs Justice Thirlwall stated that it is the use of the phone or device (whist held) for the purpose of a call or other interactive communication that is prohibited, not all use of the phone.
To combat this ruling, in 2022 the Government introduced amendments to the Road Vehicles Regulations 1986. This new legislation provides an expanded list where the meaning of ‘using’ includes the following:
- Illuminating the screen
- Checking the time
- Checking notifications
- Unlocking the Device
- Making receiving or rejecting a telephone or internet-based call
- Sending, receiving or uploading oral or written content
- Sending, receiving or uploading a photo or video
- Utilising camera, video, or sound recording
- Drafting any text
- Accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages
- Accessing an app
- Accessing the internet
Example following the change
Bendt v Crown Prosecution Service – Mr Bendt was using his phone to change the music he was listening to while driving. The music was being played using the sound system in his car. He was issued with 6 points as per the new legislation.
The Birketts View
Since 2022, there has been a focus on preventing drivers using their mobile phones in any form whilst driving. You must ensure that your company’s policy sets our clearly the expectation that you have of your drivers in relation to mobile phones (or any other device) use when they are driving. You also need to ensure that your drivers are aware of the policy. Repeat offending by drivers within your company may raise suspicions with the Traffic Commissioner that there is an issue within the business and the company could be called to a Public Inquiry.
Birketts transport regulatory specialists are well positioned to provide expert advice and representation. Should you need assistance with any advice on policies relating to mobile phone use for your drivers, contact a member of the Regulatory and Corporate Defence Team.
Similarly, if you yourself are being prosecuted for using your mobile phone whilst driving, we have specialists in relation to driving offences that can be instructed on short notice. In a similar way, please contact a member of the Regulatory and Corporate Defence Team.
Key Contacts
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at November 2024.