Don’t even think of handling your mobile phone whilst driving

The new provisions to the driving laws remove the requirement that the driver is using the mobile telephone or interactive communication device to perform an interactive communication function.

The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022

Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078), (“the 1986 Regulations”)

The regulations currently prohibit the use, while driving a motor vehicle, of hand-held mobile telephones or other interactive communication devices, when performing an interactive communication function.

Regulations 3(1)(a), (c) and (d) amend regulation 110

Regulations 3(1)(a), (c) and (d) amend regulation 110 of the above said 1986 Regulations by widening the scope of the offence, to include any use of a mobile telephone or interactive communication device held in the hand whilst driving.

Regulation 3(1)(b) amends regulation 110 by inserting an additional exemption to provide that a person is not in contravention of that regulation where the hand-held mobile telephone or interactive communication device is being used to make a contactless payment at a contactless
payment terminal, in compliance with the requirements as set out in this instrument.

Regulation 3(2) inserts definitions for the terms “contactless payment” and “an application”.

In addition to the above said Regulations, it might be worth us all reviewing our current guidance regarding the use of mobile phones whilst driving.

Pursuant to our ‘PDS Driving Policy’, staff must never use a mobile phone, even ‘hands-free’, unless safely parked.

Contact the Public Defender Service to instruct our criminal defence lawyers specialising in complex cases including dangerous driving.