Even at the start of Road Safety Week (15-21 November 2021), many drivers seemed blissfully unaware – or perhaps oblivious to – the laws on use of a mobile phone while driving.
But now the government has strengthened the hand of the police and made it easier to prosecute drivers flouting the rules on mobile phone use while driving.
While it is already illegal to text or call using a hand-held mobile while driving, until now it had been fine to use your mobile phone to take pictures, scroll through playlists or even play games.
Next year that loophole is to be closed.
It means that anyone caught using their hand-held device while driving will face a £200 fixed penalty notice and six points on their driving licence. In addition, they could also be prosecuted for dangerous driving.
Transport Secretary Grant Shapps said:
“Too many deaths and injuries occur while mobile phones are being held.
“By making it easier to prosecute people illegally using their phone at the wheel, we are ensuring the law is brought into the 21st century while further protecting all road users.”
The Government added that drivers would still be able to use their smartphone ‘hands-free’ while driving, such as a sat-nav, if it’s secured in a cradle. However, it cautioned that drivers should always take responsibility for their driving and could be charged with an offence if the police found them not to be in proper control of their vehicle.
However, there is an exemption for drivers to make a smartphone contactless payment at tolls and drive through restaurants for example.
The new law will be introduced following public consultation, which will see the Highway Code revised to take in the measures, including making it clear that phone use while at traffic lights or in stationary traffic is still driving and therefore illegal. The consultation found that young people in particular were more likely to be most attached to to their phones and also most likely to use them while driving.
The only time you can use a mobile phone without it being hands-free is in an emergency.
Fleet managers – do you have a policy for phone use while driving?
It’s important to ensure that your company has a fleet policy for mobile phone use. Read more on Duty of Care and how we can help de-risk your vehicle fleet.



