The 2022 mobile phone driving law changes explained

What changed

The previous law was directed at interactive communication — calls, texts and similar. That left a gap: courts had accepted that some standalone uses of a phone, such as recording a video, did not fall within the wording.

The rewritten regulations close that gap. The offence now covers using a hand-held device for a much broader range of functions, whether or not it involves communicating with anyone.

What is now prohibited

Holding a phone or similar device while driving and using it for essentially any of its functions is now caught.

• Making or receiving a call
• Sending, receiving or reading any kind of message
• Taking photographs or recording video, and scrolling through them
• Browsing the internet or using apps
• Selecting music or other stored content
• Using it to check the time, or simply unlocking it

The word that matters is 'held'

The offence turns on holding the device. A phone in a proper cradle, operated in a way that does not involve holding it, is treated differently — though driving without proper control remains a separate offence if attention is taken from the road.

Hands-free use is not caught by this particular offence. That does not make it risk-free in every circumstance.

Stationary in traffic is still driving

One of the most common misunderstandings is that a queue of traffic or a red light stops you from driving for these purposes. It does not.

Being safely parked with the engine off is a different matter.

The exceptions that do exist

The regulations kept some genuine exceptions, and they can be decisive in the right case.

• Calling 999 or 112 in a genuine emergency, where it is unsafe or impracticable to stop
• Making a contactless payment while stationary, for goods or services received at the same time — a drive-through or a toll barrier, for example
• Using a device for remote-controlled parking as designed

Why six points is not a minor matter

Six points is half of the twelve that trigger a totting-up disqualification. For a driver who already has six points, accepting a fixed penalty means a ban.

For anyone within two years of passing their test, six points means the licence is revoked and the test must be taken again. In both situations, the notice should not be accepted without advice.