Highway Code rule change could see drivers slapped with £1,000 fine and 6 points

10 August 2023 , 07:36

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Drivers should not touch their phone when driving (Image: Getty Images)

Drivers face being fined and penalty points added to their licence if they touch their mobile phone behind the wheel.

Under the previous rules, it was illegal to text or make a phone call, other than in an emergency, using a hand-held device while driving. But a key change to the Highway Code last year means drivers can get in trouble just for touching a phone, sat-nav, tablet, or any device that can send and receive data when behind the wheel.

This can result in drivers being slapped with a £200 fine and six penalty points on their licence. If you get taken to court, you could face being banned from driving and face a maximum fine of £1,000, or £2,500 if you’re driving a lorry or bus.

Drivers remain exempt when using their phones to pay when at a drive-thru restaurant or toll roads, or in the event of an emergency, or if they're safely parked and not moving. Motorists can also still use “hands-free” devices when driving, as well as their phone as a sat-nav, as long as it is secured in a holder.

The tweak to the Highway Code was introduced in March 2022 but many motorists may not be up to date with the change. Sam Sheehan, motoring editor at cinch, said: "Bear in mind the law about mobile phone use applies in most situations where you might be easily tempted to pick up your device for a quick check. Queuing in traffic or waiting patiently at the traffic light? Even if you're not currently on the move, you must leave your phone where it is."

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Last October, car insurance company Veygo found almost 31% of drivers didn't know the new guidelines. Sam added: "To ensure you're safe on the road, leave your handheld device in the glovebox, central console or, if you're using it as a sat-nav, in a phone holder mounted on your windscreen or dashboard – as long as it is not obstructing your view. It's ok to operate your phone in hands-free mode but you need to make sure you're paying full attention to the road around you."

Former Transport Secretary Grant Shapps backed the new Highway Code changes when they were launched. In 2020, the Department for Transport reported 17 people were killed on British roads in crashes involving drivers distracted by mobile phones. A further 114 people were seriously injured and 385 were slightly injured in such collisions.

Mr Shapps said: "I will do everything in my power to keep road users safe, which is why I'm taking a zero-tolerance approach to those who decide to risk lives by using their phone behind the wheel.

"I'm ensuring anyone who chooses to break this vital law can face punishment for doing so, and we will continue our efforts to ensure our roads remain among the safest in the world."

Levi Winchester