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The UK Government has announced further changes to rules concerning the use of handheld mobile phones and other interactive communication devices whilst driving. Our consultant Katie Pritchard looks at this important change.
Using a handheld mobile device* whilst driving has been an offence since December 2003. The Government changes have widened the scope of offences to include all interactive communication devices** when driving from 25th March 2022, and clarifies that using a handheld device is prohibited at traffic lights and in traffic queues.
*A handheld mobile device is any mobile device that is held for all or part of the duration of the activity.
**Interactive communication devices perform similar functions to mobile phones, e.g. sending and receiving spoken or written messages.
The changes extend the list of prohibited activities to include taking photos and searching for music. Existing offences include:
Drivers caught in breach of these rules will face a £200 fixed penalty and 6 points on their licence.
Employers may be prosecuted if they encourage or knowingly fail to stop employees using handheld mobile devices or interactive communication devices whilst driving.
Drivers are still allowed to make contactless payments for goods and services when the vehicle is stationary at drive-through restaurants and road tolls.
So what if you need to use a handheld mobile device while driving? The Government recommends you:
In summary:
For more information on using handheld mobile devices whilst driving, the new update The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022 is available to read on the Legislation Update Service.
Jurisdiction: Great Britain
Commencement: 15th November 2021
Amends:
The Motor Vehicles (Driving Licences) Regulations 1999 set health and safety obligations related to driving licences, tests of competence to drive, drivers conduct for goods and passenger vehicles as well as training courses for motorcycle riders, are established. Part VI (Disabilities) covers disabilities which must be declared on a driving licence.
N.B. The Motor Vehicles (Driving Licences) (Amendment) Regulations 2011 change the restrictions on driving licence applicants and driving licence holders with diabetes. They also amend the terms in which a person’s diabetes is a prescribed as a relevant disability.
Under the Road Traffic Act 1988, a person with a relevant disability is denied a licence unless they can meet certain prescribed conditions.
A declaration must be made if the applicant suffers from diabetes treated with medication that carries a risk of inducing hypoglycaemia* (including insulin, sulphonylureas and glinides). In this case, the condition will be classed as a relevant disability if the applicant has had 2 or more episodes of severe hypoglycaemia** during the previous year, or there is an impaired awareness of hypoglycaemia***.
However, applicants with diabetes treated with insulin are not barred from obtaining a Group 1 licence if they do not have impaired awareness of hypoglycaemia, has been without more than one severe hypoglycaemic attack for a year and meets other conditions set out in the Regulations.
*Hypoglycaemia is condition resulting in a low blood sugar level. It causes irregular or rapid heartbeat, pale skin, numbness of lips, tongue or cheek, and sweating.
**Severe hypoglycaemia means an episode of hypoglycaemia requiring the assistance of another person.
***Impaired awareness of hypoglycaemia means the inability to detect the onset of hypoglycaemia because of total absence of warning symptoms.
Regulation 3 of the amendment makes changes to regulation 73 of the 1999 Regulations so that disabilities must be declared in relation to Group 2 licence applications (for larger vehicles including heavy goods vehicles and buses).
A declaration must be made if the applicant suffers from diabetes treated with medication that carries a risk of inducing hypoglycaemia. In this situation, the condition will be classed as a relevant disability if the applicant has had one or more episodes of severe hypoglycaemia during the previous one-year period, or where there is no full awareness of hypoglycaemia.
However, applicants with diabetes treated with insulin for over 4 weeks, are not barred from obtaining a Group 2 licence if there is full awareness of hypoglycaemia, there has been no severe hypoglycaemic attack for a year, and other conditions concerning diabetes are met.
Regulation 4 of the amendment requires the Secretary of State to carry out a review of regulation 2 and regulation 3 of the same amendment at least every five years. The conclusions of the review must be published in a report.
*Staging is the process of adding a higher category entitlement to a driving licence, i.e. a category B driving licence would be needed before applying for provisional entitlement to drive a lorry or a bus.
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