MPs vow to close loophole that allows drivers to take photos and scroll music without breaking the law – The Sun

MPs vow to close loophole that allows drivers to take photos and scroll music without breaking the law – The Sun

MINISTERS pledged to close a loophole in the law that allows drivers to escape punishment for using a mobile phone to film, take photos or scroll music.

The Department for Transport refused to impose a ban on hands-free devices despite calls from MPs but vowed to introduce new measures to deter drivers from using the hands-free options such as updating the Highway Code.

Currently police can only prosecute drivers if they have made or sent a communication such as a phone call, text message, WhatsApp or email.

But the Government will review proposals to close the loophole that currently fails to punish drivers who use smart phones or devices for scrolling music and photos, using their phone camera or drafting emails.

Earlier this year Ramsey Barreto successfully appealed against a conviction for filming the scene of a crash while driving after his lawyers argued the rules only relate to using a phone for "interactive communication".

The Department for Transport (DfT) said it will revise the legislation so that any driver caught using a hand-held phone behind the wheel can be prosecuted whether they are texting, taking photos, browsing the internet or scrolling through a music playlist.
It expects the proposals to be in place by spring 2020.

The action follows a recent report by the Commons' Transport Select Committee which urged the Government to introduce tougher restrictions on using a mobile phone while driving.

The committee also recommended that ministers should consider a ban on hands-free use, but the DfT said there are no plans to introduce such a measure.


In 2018, there were 683 casualties on Britain's roads – including 29 deaths and 118 serious injuries – in crashes where a driver using a mobile was a contributory factor.

Since March 2017, motorists caught using a hand-held phone have faced incurring six points on their licence and a £200 fine – up from the previous penalty of three points and £100.

Mr Shapps said drivers who use a hand-held mobile phone are putting lives at risk by "hindering their ability to spot hazards and react in time".

He continued: "This review will look to tighten up the existing law to bring it into the 21st century, preventing reckless driving and reduce accidents on our roads."

Labour MP Lilian Greenwood, who chairs the committee, described the announcement as "great news" but warned that "the risk from hands-free devices is just as real".

She added: "While we're pleased that ministers will prioritise work on hand-held mobiles, this issue still needs to be addressed."

RAC road safety spokesman Simon Williams warned that tightening the rules on phone use is "only as powerful as the level of enforcement".

He said: "In the absence of technology being used to catch offenders, the decline in the number of road police officers means there is a much lesser chance of being caught in person today than there was 10 years ago."

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