Highway Code rules mean you could be fined £200 for using your phone in a car even if you’re a PASSENGER
NEW Highway Code rules mean that Brits could be fined £200 for using their phone in a car even if they’re a PASSENGER.
Tough new legislation came into place on Friday - and now drivers can be fined for touching a mobile phone while behind the wheel in “virtually any circumstance.”
And any passenger caught using a phone in the car while supervising a learner driver can be slapped with a fine - up to £1,000 and six points on a licence.
Texting or making phone calls while driving was already illegal, but the new rules have closed many grey areas.
A High Court judgment in 2019 ruled that a driving offence is only committed where the phone was being used to perform an "interactive communication function".
That includes making a call or sending a text rather than a standalone function such as recording a video.
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The government has now updated the current rules so that all use of a handheld mobile phone while driving is seen as "reckless and dangerous."
Therefore under the new law, you can no longer touch your device to check the time or notifications, take photos or videos, scroll through playlists, or access any apps while driving.
New wording has also been added to the Highway Code to make clear that phone use at traffic lights or in motorway queues is also illegal.
Unless it is to make an emergency call, anyone caught using their hand-held device while driving will now face a £200 fixed penalty notice and six points on their licence.
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However, it has been confirmed that drivers will still be able to use their phones to pay at a drive-thru restaurant or toll road.
The Department of Transport said in a statement: "There will be an exemption to the new law for drivers making a contactless payment using their mobile phone while stationary to ensure the law keeps pace with technology.
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"This exemption will cover, for example, places like a drive-through restaurant or a road toll, and will only apply when payment is being made with a card reader. It will not allow motorists to make general online payments while driving."
Drivers will also still be allowed to use a device if it is "hands-free" when driving. This includes "hands-free" calls and the use of your phone as a satnav, as long as it is secured in a holder.