Consultation outcome

Expanding the offence of using a hand-held mobile phone while driving to include non-connected mobile application actions

From:
Department for Transport
Published
17 October 2020
Last updated
10 February 2022 — See all updates
This was published under the 2019 to 2022 Johnson Conservative government
This consultation has concluded

Read the full outcome

Using a mobile phone while driving consultation outcome ​

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Using a mobile phone while driving consultation: outcome and summary of responses

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Explanatory memorandum to the revision of The Highway Code Rule 149 about using mobile phones while driving

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The Highway Code: alterations to The Highway Code (Rule 149) proposed to be made by the Secretary of State for Transport and laid before both Houses of Parliament on 1 February 2022 pursuant to section 38 of the Road Traffic Act 1988

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Detail of outcome

This document summarises the responses we received and explains how the government intends to act on the main proposals, as well as on some of the more salient and constructive comments made by consultees.

The Department for Transport (DfT) intends to implement the main change proposed in the consultation, to amend the law so that the offence of using a hand-held mobile phone while driving captures drivers who are using their phone for ‘standalone’ functions, as well as those using interactive communication functions.

We propose to implement this change at the earliest opportunity, so that the police can enforce the offence in a more straightforward way.

DfT noted the misunderstandings and requests for clarification received in response to this proposal (for example, relating to the use of satnavs on phones and whether the stop phase of stop-start engines allows a driver lawfully to use a hand-held mobile phone) and plans to deal with them by expanding guidance on GOV.UK and making slight alterations to The Highway Code.

We also intend to implement the change that proposed to allow an exemption from the offence of using a hand-held mobile phone while driving to make a contactless payment.

DfT also commissioned research into attitudes towards mobile phone use, understanding of the law and penalties, and the extent to which drivers use their mobile phones while driving.

Original consultation

Summary

Proposes expanding the mobile phones while driving rules to include the use of stored, non-connected ('standalone mode' or 'flight mode') functions.

This consultation ran from
to

Consultation description

Consultation proposing:

  • broadening the offence of using a hand-held mobile phone while driving so that it captures standalone mode functions as well as the existing interactive communication functions
  • to introduce a new exemption to the using a hand-held mobile phone while driving offence to allow drivers to make contactless payments using a mobile phone at appropriate locations, for example at drive through food outlets

These changes, if implemented, will need to be reflected in The Highway Code, and the consultation document includes the suggested revised wording.

Documents

Using a mobile phone while driving: consultation on changing the law

PDF, 216 KB, 24 pages

Updates to this page

Published 17 October 2020
Last updated 10 February 2022 + show all updates

  1. Added explanatory memorandum to the revision of The Highway Code Rule 149 and Alterations to The Highway Code (Rule 149) proposed to be made by the Secretary of State for Transport.

  2. Final outcome published.

  3. First published.

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