Navigating the rules around mobile phone use while driving can be a complex issue, especially with the prevalence of in-car holders and integrated vehicle technology. A UK legal expert has clarified the specific circumstances under which drivers can legally interact with a phone mounted in a holder, emphasizing that while some actions are permissible, the overarching principle of maintaining safe control of the vehicle remains paramount.

Understanding the Legislation on Mobile Phone Use While Driving

Barrister Daniel J. ShenSmith, in a video shared on his BlackBeltBarrister YouTube channel, detailed the relevant legislation, primarily the Road Vehicles (Construction and Use) Regulations 1986, specifically Regulation 110. This regulation, found within Section F concerning the “Avoidance of danger,” defines what constitutes “using” a mobile phone. According to ShenSmith, this definition is broad and encompasses activities from illuminating the screen to unlocking the device and initiating calls.

The core of the clarification revolves around the distinction between a handheld device and one securely mounted in a cradle or holder. ShenSmith explained that technically, it is permissible to touch a phone if it is securely mounted. He likened this to interacting with the screen in vehicles like Teslas, where pressing a button to answer a call is common.

The ‘Handheld’ Distinction: What the Law Says

The legislation specifically addresses the concept of a “hand-held” device. Regulation 110 states that a mobile telephone or other device is to be treated as hand-held “if it is, or must be, held at some point [while being used].” ShenSmith stressed that this wording is crucial. If a device must be held in the hand to perform a function, it falls under the regulations. However, if a function can be performed by simply pressing a button on a device secured in a cradle – much like answering a call on a Tesla’s integrated screen – it is not considered “hand-held” according to the regulations.

“The short version is technically, yes, it is legal to touch your phone so long as it is securely mounted in a cradle,” ShenSmith stated. He elaborated that pressing a button to answer a call on a mounted phone does not inherently break the law because the device is not handheld and the action is unlikely to cause significant distraction.

Beyond the Regulations: Due Care and Attention

Despite the technical legality of interacting with a mounted phone, ShenSmith issued a significant caution. He highlighted that even if a driver is not technically breaching the specific mobile phone usage regulations, they could still be found guilty of driving without due care and attention, or even carelessly or dangerously, if their actions on the phone distracted them sufficiently to contribute to a collision.

This principle is further reinforced by Rule 149 of the Highway Code. This rule mandates that motorists “MUST exercise proper control” of their vehicles at all times and “MUST NOT use a hand-held mobile phone, or similar device, capable of interactive communication (such as a tablet) for any purpose when driving.” The Highway Code explicitly forbids picking up a phone to dial a number before placing it in a holder and using a phone while stationary in traffic, such as when waiting in a queue.

Exceptions to the Rule

The legislation does provide for two specific exceptions where a driver might interact with a mobile device, even if it could be construed as ‘use’:

• Contactless Payments: Drivers can use their phone for contactless payment, but only when stationary, and the transaction must be immediate.
• Genuine Emergencies: In situations of genuine emergency, a driver may need to use their phone.

Modern Vehicle Technology and Driver Responsibility

ShenSmith addressed the growing integration of screens and interactive technology within modern vehicles. He noted that even if using an in-car screen’s functions is technically legal under the mounted device rule, the driver’s obligation to maintain proper control of the vehicle at all times supersedes this. Failure to do so could still lead to charges of driving without due care and attention.

“The keyword in there is ‘held in the hand’,” ShenSmith reiterated. “If it is in a cradle, it is not held in the hand.” He acknowledged the theoretical possibility of a court interpreting the law more narrowly, but expressed his view that such an interpretation would be unlikely given the current wording.

Official UK Government guidance supports the use of hands-free devices, provided the driver does not hold them at any point during their use. This includes systems operated via voice command or mounted on dashboards, windscreens, or mats.

Expert Advice for Drivers

Offering his final verdict, Daniel J. ShenSmith advises drivers to limit their phone interaction while driving to essential functions, primarily navigation (sat nav). If drivers choose to use their phone for communication purposes, he recommends restricting their actions to simply pressing a button to answer an incoming call and pressing another button to end it.

He strongly cautioned against dialing numbers, even when the phone is secured in a holder, stating that such an action could easily cross the line into failing to drive with due care and attention, potentially leading to serious consequences.