Consultation outcome

Using a mobile phone while driving consultation outcome ​

Updated 10 February 2022

Introduction

It has been an offence since 2003 for drivers to use a hand-held mobile phone while driving. Offenders can face either a fixed penalty notice of £200 or a fine of up to £2,500 in the magistrates’ court, in addition to the imposition of 6 penalty points on their licence.

A High Court judgment in 2019 clarified the existing law and held that an offence is only committed where it can be proved not only that a driver was holding the phone and using it, but also that the phone was being used to perform an interactive communication function such as making a call or sending a text rather than a ‘standalone’ function such as recording a video.

The government considers that all use of a hand-held mobile phone while driving is reckless and dangerous, and not just when being used for the purposes of a call or other interactive communication.

That is why we carried out a consultation exercise proposing that the offence of using a hand-held mobile phone be broadened to cover standalone use as well as interactive communication. The government hopes this will make it easier for the police to carry out their enforcement responsibilities.

The consultation was published on 17 October 2020 and it ran to 17 January 2021. It also sought views on creating a new exemption to the offence of using a hand-held mobile phone while driving, to enable drivers to use a hand-held mobile phone to pay for goods or services that they would be receiving immediately.

This document summarises the 423 responses that we received and explains how the government intends to move forward on the main proposals, as well as on some of the more salient and constructive comments that were made by consultees.

Overview of responses

Number and breakdown of responses

We received 423 responses in total:

• 368 respondents completed the online survey attached to the consultation
• 55 respondents replied by email
• 368 responses came from individuals
• 55 responses came from organisations

The main area of interest for organisations was:

• road safety: 16
• enforcement/legal: 20
• road user: 12
• other: 7

Summary of responses on each main issue

Extending the mobile phone offence to capture standalone functions

80.85% of respondents agreed with the proposal that the offence of using a hand-held mobile phone while driving should be broadened to cover not just interactive communication but also ‘standalone’ activities such as searching for music stored on the phone. There was a clear consensus among consultees that this was a sensible proposal that should be implemented.

15.83% of respondents disagreed with the proposal. Consultees who disagreed with the proposal broadly fell into 2 categories: those who objected in principle and those who had concerns about its practical effect, most notably among those believing (wrongly) that it would no longer be possible to use a mobile phone in a cradle as a satnav.

Mobile phone functions that should be prohibited

43.02% of respondents made suggestions about hand-held mobile phone functions that should be expressly prohibited as part of the revised offence of using a hand-held mobile phone while driving.

A number of these suggested that instead of listing functions, the law should simply prohibit the act of picking up a phone. A further set of responses offered suggestions that were either already captured by existing law (such as watching videos) or that we had already mentioned in the consultation. A third set of responses made constructive suggestions about functions that should be included in an expanded offence with the aim of capturing functions that do not involve interactive communication.

Devices falling within the mobile phone offence

74.94% of respondents agreed with the proposal to bring within the offence of using a hand-held mobile phone while driving, any device which is capable of interactive communication, even if that capability is not enabled in the vehicle.

17.49% of respondents disagreed with this proposal. The principal arguments against the proposal were that:

• it was too broad
• it was no different to using an integral screen in a car
• the phrase ‘interactive communication’ was too technical

Exemption for making a contactless payment

82.03% of respondents agreed with the proposal to include an exemption from the hand-held mobile phone offence where the driver is using the phone to pay for goods or services that would be received immediately.

12.76% of respondents disagreed with allowing such an exemption. The most common arguments against the proposal were that it dilutes the ‘no mobile phones while driving’ message and opens up the temptation for drivers to continue using their phone once they set off after payment. Other respondents made suggestions about tweaking or improving the offence, such as ‘the hand-brake must be on’.

A common misconception among consultees was that the proposal allows drivers to make payments over the internet, whereas the proposal is confined to circumstances where a driver must tap the phone onto a card reader. A number of individuals and organisations made suggestions for new exemptions, such as for utility drivers and taxi drivers.

Revised Highway Code text – standalone functions

73.75% of respondents agreed with the revised Highway Code text proposed in the consultation document to explain the expanded offence of using a hand-held mobile phone while driving.

18.91% of respondents made suggestions for improving the revised text. In most cases, the suggestions involved substantially expanding the rules to cover a wider range of permitted and prohibited activities.

Revised Highway Code text – payment exemption

75.65% of respondents agreed with the revised Highway Code text to explain the new exemption from the mobile phone offence to make a payment for goods or services to be received immediately.

16.07% of respondents made suggestions for improving the revised text to achieve greater clarity.

Next steps

Extending the mobile phone offence to capture standalone functions

Given the substantial level of support, the Department for Transport (DfT) intends to implement the change proposed in the consultation document, to amend the law so that the offence of using a hand-held mobile phone while driving captures drivers who are using their phone for ‘standalone’ functions, as well as those using interactive communication functions.

DfT proposes to implement this change at the earliest opportunity so that the police can enforce the offence in a more straightforward way.

DfT noted some of the misunderstandings and requests for clarification that were received in response to this proposal (for example, relating to the use of satnavs on phones and whether the stop phase of stop-start engines allows a driver lawfully to use a hand-held mobile phone) and plans to deal with them through expanded guidance on GOV.UK.

Mobile phone functions that should be prohibited

DfT is grateful for the constructive suggestions made by respondents and plans to prepare legislation that includes a number of those suggestions. However, as the consultation document pointed out, the list of prohibited functions that will appear in the revised legislation will not be exhaustive, rather it will provide as comprehensive a guide as possible to the scope of the offence of using a hand-held mobile phone while driving.

Nonetheless, the list of prohibited functions to be included in the statutory instrument will take account of some of the constructive suggestions made by consultees.

Devices falling within the mobile phone offence

In light of the 75% approval rating for its proposal to extend the hand-held mobile phone offence to cover all devices capable of interactive communication, whether or not that capability is enabled at the time, DfT intends to implement this change.

Exemption for making a contactless payment

Given that 82% of respondents agreed with the proposal to allow drivers to use their mobile phones to make contactless payments for goods and services to be received immediately, DfT intends to implement this change as soon as possible.

In light of doubts raised about whether goods or services are received ‘immediately’ if there is a 10 minute or so delay between payment and receipt (for example, at a drive-through restaurant), DfT will ensure that the revised law covers these circumstances.

DfT takes this opportunity to clarify that the contactless payment exemption will apply solely in the circumstances where a contactless payment is made by tapping on a card reader. The exemption will not apply where drivers simply make an internet payment while sitting at the wheel with the engine running. This will be clarified in the revised Highway Code text.

DfT accepts that a reasonable case was made by various consultees for other exemptions from the offence of using a hand-held mobile phone while driving. This includes those representing emergency services, utilities and taxi/PHV drivers.

In addition, DfT sees some benefit in allowing drivers to show proof of purchase for tickets, for example, which is stored on their phone. DfT will give these suggestions further consideration. Arrangements to facilitate the function of mission-critical emergency services communications will be worked on with the Home Office.

Highway Code revisions

DfT intends to make a slight alteration to the revised text to improve clarity and eliminate the misunderstandings that were evident from consultation responses in relation to both standalone functions and the exemption for stationary contactless payments. Because space is limited in The Highway Code, we will supplement the advice by preparing expanded guidance on GOV.UK.

In accordance with section 38 of the Road Traffic Act 1988, we will lay the revised version of The Highway Code before both houses of Parliament for a period of 40 days. If Parliament agrees to the proposed changes being made, we will work with the Driver and Vehicle Standards Agency (DVSA) to update The Highway Code online and to produce a new hard copy edition in time for the next print run.