When the Highway Code was updated a few years ago it included new rules around mobile phone and digital device usage whilst driving, but it also included some exceptions
A lawyer has talked about using one’s phone whilst driving (stock)(Image: Getty)
A lawyer has settled the debate on the exact nature of the rules around using your mobile phone in your car. Although it is illegal to use your phone while driving, some may wonder whether it is allowed to use your device if you are, for example, stuck in traffic and not moving at all.
Furthermore, others may enquire whether you are allowed to use it if you are stationary, but your engine is running. With this in mind, lawyer Hojol Uddin of law firm JMW Solicitors, based in London, has provided clarity on the Highway Code so motorists are not caught out and avoid severe penalties.
What did the lawyer say?
In an article on JMW’s website, Mr Uddin clarified that drivers should, under no circumstances, use their mobile phone in their car. He said: “Do not, under any circumstances, use a mobile phone while your engine is running to be on the safe side and prevent a prosecution.
“You may not know that using it even while parked is illegal, unless your engine is switched off. You should not use your phone at all while stuck in traffic or waiting at traffic lights. If you need to take a call, pull into a safe, allocated parking space or layby and switch off your engine before picking up your phone.”
Mr Uddin recommended people put their phone on silent to avoid being distracted by it, but warned that even having it in a phone holder could get them in trouble.
He explained: “If you need to use your phone as part of your job, attaching it to a phone holder within sight will allow you to access it without taking your eyes off the road, or your hands off the wheel. However, the rules still apply – you should only use it when you are parked and your engine is turned off, even with a phone holder.”
What are the punishments if I’m caught using my phone?
According to the UK government website, an offence of this nature – Rule 149 in the Highway Code – is punishable by six penalty points and a £200 fine.
Furthermore, drivers who are caught within two years of passing their test risk losing their licence as the threshold for that is six points rather than 12.
Mr Uddin added that drivers could risk being taken to caught if use of their mobile phone whilst driving ended up causing an accident, one that could lead to a driving ban or revocation of your licence.
Are there any exceptions?
There are exceptions to the phone rule, but they are very exceptional circumstances. The Highway Code says there are two: “There is an exception to call 999 or 112 in a genuine emergency when it is unsafe or impractical to stop.
“There is also an exception if you are using a hand-held mobile phone or similar device to make a contactless payment at a contactless payment terminal.
“Your vehicle MUST be stationary, and the goods or services MUST be received at the same time as, or after, the contactless payment.”
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