Police Should Seize Drivers’ Phones

Road safety experts are calling for police to confiscate mobile phones from drivers on the spot if they are seen using them behind the wheel.

Safety experts at RoadAngel say it’s time for a zero-tolerance approach to using mobile phones while driving.

Following the law change earlier this year, it is now wholly illegal to hold and use any mobile phone, sat nav, tablet and other devices to send and receive data whilst driving.

Motorists are permitted to use phones in certain circumstances, such as making a 999 call or a contactless payment at a drive-through restaurant while the car isn’t moving.

Hands-free access (such as through voice-command systems) is also allowed under the new rules, so long as motorists aren’t holding the devices as they drive.

This means that a smartphone displaying a maps app is allowed if it is in a cradle and not touched by the driver while driving, but the same rule doesn’t apply to a fixed car infotainment system that the driver can handle.

Furthermore, if the cradle holding the smartphone or aftermarket sat nav device is placed in a position deemed to obstruct sight of the road and traffic ahead, a fine and points could soon follow.

Gary Digva, the founder of RoadAngel, said: “There’s a lot of confusion around the use of phones while driving, but we think it is time for the police to take a much stricter approach.

“Using devices while driving has been shown to cause accidents. A clear message was sent to motorists that it is never acceptable.

“If police see any driver touching their phone while behind the wheel, they should pull them over on the spot, seize the device and issue a fine.

“Doing so would deter drivers from using their phones behind the wheel and send a clear message to all road users that phone use is dangerous.”

He added that changes in the law had led to confusion amongst drivers, and more needed to be done to get the safety message across.

He said: “A lot of people are still confused about what they can and can’t do with a mobile phone when driving, and that’s because the law is constantly being updated.

“Essentially, holding a mobile phone or any other device while driving is now illegal. There are some exceptions, however, if you need to make a 999 call.

“Many people who don’t have a built-in infotainment system in their car will use their phone for navigation, and they still can. It just needs to be in a cradle and in a position that isn’t classed as obstructing the driver’s view.

“Not only can be on your phone lead to hefty fines and points, but it also puts many people in danger. That’s why it’s imperative to ensure you have the right set up and equipment for a safe journey, no matter where you’re travelling.”

The law change closes a previous loophole which technically permitted drivers to use and hold their phones, as it could be argued they were not using devices for ‘interactive communication’, as the law previously stated.

It is now entirely illegal for those behind the wheel to even hold their phones and devices, even if it is switched off.

The Highway Code makes it clear that this law applies to drivers stopped at traffic lights or in queuing traffic; when supervising a learner driver or using a car with automatic stop-start technology.

However, there are some exceptions to the rules surrounding mobile phone and touchscreen device usage, which drivers need to stay aware of.

In an emergency, motorists are legally allowed to call 999 or 112 whilst driving if it is impractical or unsafe to stop the vehicle otherwise.

Other exceptions are if the car is safely parked up, the driver is making contactless payment in the vehicle which is not moving (such as in restaurant drive-throughs), or if using a device to park a car remotely.

There are also rules when operating devices with hands-free access – drivers can use them in their cars, so long as they aren’t holding them whilst driving.

Hands-free access devices include Bluetooth headsets, voice command systems, windscreen mounts, dashboard holders, or built-in sat navs.

If drivers wish to turn off or otherwise use devices with hands-free access, such as changing directions on sat-navs and map apps, they must pull over and park up safely to operate the device legally.

Motorists caught holding or using mobile phones or other touchscreen devices whilst driving could face up to six points on their licence and a £200 fine, and for those who have passed their test in the last two years, their driving licence could be stripped away completely.

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