#Fatal5 – No 4. Using a Phone whilst Driving

Hi Latchford West 

There are 5 main contributing factors to Road Traffic Collisions. These are careless driving, drink and drug driving, not wearing a seatbelt, using a mobile phone, and speeding.  

The fourth of our explanations explores using a phone whilst driving.  

It’s illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle. 

This means you must not use a device in your hand for any reason, whether online or offline. 

For example, you must not text, make calls, take photos or videos, or browse the web. 

The law still applies to you if you’re: 

Exceptions 

You can use a device held in your hand if: 

Using devices hands-free 

You can use devices with hands-free access, as long as you do not hold them at any time during usage. Hands-free access means using, for example: 

The device must not block your view of the road and traffic ahead. 

Staying in full control of your vehicle 

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. 

Penalties 

You can get 6 penalty points and a £200 fine if you hold and use a phone, sat nav, tablet, or any device that can send and receive data while driving or riding a motorcycle. 

You’ll also lose your licence if you passed your driving test in the last 2 years. 

You can get 3 penalty points if you do not have a full view of the road and traffic ahead or proper control of the vehicle. 

You can also be taken to court where you can: 

Now for the myths: 

Myth: The law only applies to making calls or texting  

Fact: The law is much broader. You cannot hold and use a phone for any reason while driving. This includes, but is not limited at:  

Myth: Hands-free is just as safe as not using your phone at all  

Fact: While legal, studies show that using a hands-free phone can be just as distracting as a handheld one. Drivers on a hands-free call are slower to recognize and react to hazards, and their reaction times can be similar to or worse than those of a drink-driver. If police believe your hands-free use is distracting you and affecting your control of the vehicle, you can still be prosecuted for careless driving. 

Myth: You can still briefly touch a mounted phone  

Fact: The law has a "zero-tolerance" approach and applies to any handheld use. This means you cannot touch your phone for any reason while driving, even if it is in a dashboard mount. If you need to interact with it, such as for sat-nav settings, you must pull over and stop somewhere safe first.  

Myth: Only mobile phones are covered by the law  

Fact: The rules apply to any handheld device capable of sending and receiving data. This includes tablets and satellite navigation systems. You are still liable for careless driving if you are distracted by an in-car entertainment system or built-in sat-nav.  

Myth: Checking a phone while driving is a minor offence  

Fact: The penalties are significant. Being caught using a handheld phone while driving results in 6 penalty points and a £200 fine. For new drivers who passed their test in the last two years, this automatically results in losing their licence. The fine can be much higher if the case goes to court.  

Myth: It's okay to make an emergency call on a handheld phone  

Fact: There is only one exception to the handheld rule. You can use your phone to call 999 or 112 in an emergency if it is unsafe or impractical to stop. Otherwise, you must be parked safely. 

Working together for a Safer Cheshire. 

Kind regards  

Stephen Blake 20406 

Latchford West