A loophole allowing drivers to escape punishment for handheld phone use if they are taking a photo or playing a game has closed in Great Britain.
People can now be fined up to £1,000 and receive six points on their licence for scrolling through playlists or taking pictures on a handheld device.
Transport Secretary Grant Shapps said the government was taking a “zero-tolerance approach”.
Devices can still be used hands-free while driving if secured in a cradle.
Until now, only making calls and texting had been covered by legislation when it came to the use of handsets when behind the wheel.
The law change, which does not apply in Northern Ireland, is an extension of an existing offence which includes making phone calls or sending text messages.
In July 2019, a man overturned a conviction for filming a crash saying he was not using his phone “to communicate”.
Following that ruling two High Court judges criticised the law on using phones while driving, saying it had failed to evolve with the rise of technology.
The Department for Transport (DfT) figures show 17 people were killed and a further 114 were seriously injured in crashes on roads in which a driver using a mobile was a contributory factor.
The DfT said drivers can use their phones to make contactless payments at a drive-through restaurant if the vehicle is stationary.
Phones behind the wheel: the law
- Using a hand-held mobile phone or sat-nav while driving is illegal
- Any hands-free devices should be fully set up before you drive
- Police still have the power to stop you if they think you have been distracted
- The law still applies if you’re stopped in traffic or queuing at lights
- You could get penalty points, a fine and/or a driving ban if you break the law
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 sat nav
Penalties
You can get 6 penalty points and a £200 fine if you hold and use a phone, sat nav, tablet, or any device that can send and receive data while driving or riding a motorcycle.
You’ll also lose your licence if you passed your driving test in the last 2 years.
You can get 3 penalty points if you do not have a full view of the road and traffic ahead or proper control of the vehicle.
You can also be taken to court where you can:
- be banned from driving or riding
- get a maximum fine of £1,000 (£2,500 if you’re driving a lorry or bus)