New law on mobile phone use while driving to take effect in the UK in 2021

Using one's mobile phone while driving will come under a new legislation that will be enacted in 2021. The new change aims to put an end to a loophole in the current law which allows drivers to escape punishment for using mobile phones to take photos and play games. Drivers have argued that the restriction on taking photos or video recording while driving is not clearly stated and worded in the current legislation.

At present, the law states it is illegal to use a device "which performs interactive communication" while driving, obviously referring to phone calls and texting. Picking up the phone to take pictures or videos will no longer be allowed under the new law. On the other hand, ministers have rejected the inclusion of a ban on the use of hands-free devices or cradled devices that are often used for sat-nav. Using mobile phones to pay for drive-through takeaway will still be allowed under the new law, according to a report by the BBC.

Roads minister Baroness Vere said the use of hand-held phones while driving has seen many drivers escape punishment for far too long as she strongly points out how this has proven quite "distracting and dangerous."

The new law will apply across the UK around early next year depending on how well it sticks with the consultations.

"Police will take robust action against those using a hand-held mobile phone illegally and proposals to make the law clearer are welcome." said National Police Chiefs' Council lead for Roads Policing, Chief Constable Anthony Bangham.

Drivers caught breaking the rules on hand-held mobile phone use face six penalty points along with a £200 fine.

Based on the numbers of incidents in 2019, there were 637 road accident victims in the UK, 18 of which turned out to be fatal and 135 were reported as serious injuries. These accidents mostly involved people using mobile phones while driving.

The 16-year-old law on mobile phones has been criticised by two High Court judges as they point out on how the law had failed to evolve with the rise of smartphones and the ever changing mobile technology.

The law on mobile phones deems it illegal to use hand-held mobile phones or sat-nav devices while driving as hands-free devices should already be set up prior to the drive. Police authorities have the power to stop any driver if they seem to be distracted on the road. This law still applies even if the vehicle is at a stop or while awaiting traffic lights.