Government to close mobile phone loophole

Woman driving while texting

The government will close a legal loophole which has allowed drivers to escape prosecution for hand-held mobile phone use while behind the wheel.

Transport secretary Grant Shapps announced an urgent review to tighten up the existing law preventing hand-held mobile use while driving. 

At present, the law prevents drivers from using a hand-held mobile phone to call or text. However, people caught filming or taking photos while driving have escaped punishment as lawyers have successfully argued this activity does not fit into the ‘interactive communication’ currently outlawed by the legislation.

The revised legislation will mean any driver caught texting, taking photos, browsing the internet or scrolling through a playlist while behind the wheel will be prosecuted for using a hand-held mobile phone while driving. 

Grant Shapps, transport secretary said: “We recognise that staying in touch with the world while travelling is an essential part of modern day life but we are also committed to making our roads safe. 

“Drivers who use a hand-held mobile phone are hindering their ability to spot hazards and react in time – putting people’s lives at risk.

“We welcome the Transport Select Committee’s report, and share their drive to make our roads even safer which is why this review will look to tighten up the existing law to bring it into the 21st century, preventing reckless driving and reduce accidents on our roads.”

It is already a criminal offence to use a phone while driving without a hands-free device. The impacts of this behaviour are proven – if a driver looks at their phone for just two seconds when travelling at 30 miles per hour, whether to reply to a message or send a quick snap, they will travel 100 feet blind, drastically increasing the chance of accidents.

The review will be urgently taken forward with further proposals expected to be in place by next spring – making the offence clearer for drivers and police forces. 

Chief constable Anthony Bangham, National Police Chiefs Council lead for roads policing, said: “I welcome the government’s announcement to review the law in this area. 

“Technology has moved on since the original offence was introduced and it’s important to ensure any distraction to a driver is kept to an absolute minimum to keep all road users as safe as possible.”

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