Government Close ‘Loophole’ That Allows People To Use Phone Whilst Driving


7 November 2019

By Elizabeth Bradshaw

Don't touch that phone…

There are plans afoot to close a legal loophole that has allowed drivers who use mobile phones to film or take photographs to escape prosecution.

Whilst it is illegal for drivers to call or text on hand-held phones, some have been successful in dodging prosecution for taking photos/videos.

Earlier this year a man was successful in overturning a conviction for filming a crash, citing he was not using his phone to communicate.

The government aims to revise the 16 year old law to also include browsing the Internet and searching playlists while driving.

So the message is ‘don’t touch your phone whilst behind the wheel’. It is likely that not only will making and receiving calls and texts will be illegal, but the taking pictures or scrolling through a music playlist will also find you on the wrong side of the law.

If you have been cautioned by the police for a motoring offence in Essex or have received a summons to appear in court, please contact Roger Brice, Senior Partner and Head of Gepp Solicitors Motor Law Team on 01206 369889 or via e-mail.

This is not legal advice; it is intended to provide information of general interest about current legal issues.