Following on from changes to the highway code regulations, let’s look at specific changes to the use of mobile devices behind the wheel and the impact on you as the driver of a company vehicle.
The original regulations prohibiting the use of a hand held mobile phone while driving was introduced in 2003. It also included the use of any device capable of transmitting data. Since then, mobile phones and other technologies have changed dramatically and the law needed to catch up.
The changes have been spurred on by a recent case of a driver filming an RTA while driving past. He was prosecuted by the Police for using a hand held mobile phone while driving, but it was quashed on appeal on the technicality that recording a video was not technically ‘interactive communication’.
Things have now changed, and these are the key points.
Original legislation
holding a mobile phone or device to:
- Make a phone call
- Receive a phone call
- Send a text message
- Send an email
- Access social media
- Access streaming services
Now extended to include
- Illuminate the screen
- Unlock the device
- Check the time
- Check notifications.
- Make, receive, reject a telephone or internet call.
- Sending, receiving or uploading oral or written content.
- Sending, receiving or uploading a photo or video.
- Using the camera, video or sound recording functionality.
- Drafting a text message.
- Accessing any stored data including books, audio, video, photos, films, playlists, messages, or notes.
- Accessing any apps or software.
- Accessing the internet.
Exceptions to the Regulations
There aren’t many exceptions to the new regulations, however there are some specific ones that permit the handling of a mobile device behind the wheel.
- The vehicle is parked up in a safe place with the engine switched off and not causing any obstruction, danger or offence.
- The driver is using a hand held device to call the police, or acting in response to a genuine emergency (999/112) and it would be impractical or impossible for them to cease driving in order to make the call.
- Using the device as a contactless payment where there is a payment facility such as a road toll, and the goods or services are to be received immediately or very shortly afterwards such as a fast food drive through; and the vehicle is stationary.
Rule 149 of the Highway Code
The above comes under Rule 149 of the Highway Code, and to recap, this is what it states.
You MUST exercise proper control of your vehicle at all times. You MUST NOT use a hand held device, or similar, capable of interactive communication for any purpose, even while supervising a learner driver. You MUST NOT pick up the phone or similar device to dial the number and then place back into the cradle for the duration of the call. You MUST NOT pick up and use your hand-held phone or similar device while stationary in traffic.
SFG Fleet Policy
Moving forward, these regulations will form part of the SFG Fleet Policy.
This information was provided in part by our licence check partners Davis at www.licencecheck.co.uk.
The full document advises further other regulations such as positioning of mobile phones and sat navs, careless driving, penalties and repeat offences or challenges.
The full leaflet can be downloaded or viewed HERE