Next steps announced to close mobile phone loophole

18 October 2020

Next steps announced to boost road safety and close mobile phone loophole.  UK DfT has launched a consultation on making activities like taking photos and playing games on hand-held mobile phones illegal while driving.

People using a hand-held mobile phone in all circumstances while driving will be breaking the law, under new government plans unveiled by Roads Minister Baroness Vere on 17 October 2020 to close a legislation loophole and improve road safety.

It’s already a criminal offence to use a hand-held mobile phone to call or text while driving, but not for other actions such as taking photos. While still distracting, drivers have escaped punishment due to a legal loophole where such actions aren’t seen as ‘interactive communication’, and therefore do not fit the current definition of the offence.

Now, following a review of the offence, a consultation has been launched on bringing the law into line with modern technology  – meaning drivers caught taking photos, playing games or scrolling through a playlist behind the wheel will be clearly breaking the law on mobile phone use.

Recognising that mobile phones are commonly used as a method of payment – such as at drive-thrus – an exemption will apply under the new proposals set out by government today to contactless payments, if a vehicle is stationary, and if goods or services – such as a takeaway meal – are delivered immediately.

The proposals come as new research gives a further snapshot into driver behaviour in the UK.

Full details of the proposals are available here. The consultation closes on 21 Jan 2021.  The consultation closes on 21 Jan 2021.