Tough new driving rules have come into force which make it clear that touching your phone for any reason while you are driving is against the law. Drivers have been warned that as well as calls and texts being banned, you cannot touch your phone to use it as a sat nav, to take video or to change music tracks.
But the law does state you are able to use the phone hands free - so if you set up a sat nav route before you set off, or if you park safely to make changes, you won't be breaking the rules. And you can use your phone to pay at a drive-thru so long as your car is 'stable'.
But drivers may not know there are other rules which mean that even if you use your phone totally hands-free, or even if you are a passenger, you could face prosecution. According to the Department for Transport: "You must stay in full control of your vehicle at all times. The police can stop you if they think you’re not in control because you’re distracted and you can be prosecuted."
So this means you could be prosecuted over phone use even if you never touch it - including if you are distracted by loud music, video or incoming messages or by a passenger with a phone. Looking at your phone can count as a distraction, as can arguing with a passenger.
It is also against the law to position your phone in a place where it blocks your view from any of the windows, or where it interferes with controls such as the steering wheel. The rules state: "You can get three penalty points if you do not have a full view of the road and traffic ahead or proper control of the vehicle."
And it is against the law to touch your phone when you are a passenger if you are supervising a learner driver. Basically, the same rule applies as for, drivers meaning you cannot touch your phone when supervising a learner for any reason.
Exceptions to the rule are...
You can use a device held in your hand if:
- you need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop
- you’re safely parked
- you’re making a contactless payment in a vehicle that is not moving, for example at a drive-through restaurant
- you’re using the device to park your vehicle remotely
