What ’ s all this about mobile phone law then ?
In recent months , it ’ s all got even more complicated with developments such as the Barreto judgement ( see below ) and the Transport Select Committee ’ s report and subsequent Government response 1 . For this reason , we ’ ve included some Frequently Asked Quesions here that we ’ ve been asked as we complete this project , and that relate to the situation in the UK from 2020 . It may be that the specific ‘ mobile phone law ’ is revised in the near future , but there ’ s no need to wait for that to happen to use the law effectively against distracted driving .
Can drivers still be charged for using a phone hands free ?
It seems unlikely that the specific ‘ mobile phone law ’ will be changed to include handsfree use anytime soon ( see footnote ), but that doesn ’ t mean that handsfree is , by definition , legal . It ’ s important that we don ’ t think of drivers as ‘ immune ’ from the law if they are on handsfree , and that our messaging and communications doesn ’ t give this impression either ( See page ?). Police readers can find more information on charging options for hands free use at the Police Knowledge Hub ( go to https :// knowledgehub . group / and join the NRPOII group )
What was ‘ Barreto ’ and what does it mean for the police ?
The Barreto judgment related to a driver who was filming an incident on his phone , but who argued ( successfully ) that this was not a ‘ communicative function ’ as specified in the 2003 law . This has caused some confusion about what is and what is not covered by the law and made life a bit harder 2 . It ’ s now even more important that officers collect and record more evidence about how the phone was used , including using Body Worn Video and asking the driver what they were doing . Some great research by Professor Sally Kyd and Dr Steven Cammiss explains this in more detail 3 .
So , what can I say / do if someone challenges me , or claims that they weren ’ t using their phone to communicate ?
The Baretto judgement isn ’ t clear about exactly what is covered by the reference to communicative function , but some functions that do involve interactive communication are : calling , SMS text messaging , WhatsApp , Facebook , Snapchat . Not covered are scrolling through a music playlist or through photos , or looking at Google maps . You can read more in the references at the bottom of this page , but other charging options ( See https :// knowledgehub . group / and join the NRPOII group )) should be considered .
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1
House of Commons Transport Committee ( 2019 ) Road Safety driving while using a mobile phone ( Twelph report of session 2017 / 19 ) http :// publications . parliament . uk / pa / cm201719 / cmselect / cmtrans / 2329 . pdf and the Government Response : http :// publications . parliament . uk / pa / cm201920 / cmselect / cmtrans / 237 / 23702 . htm
2
Snow A . ‘ Interactive Communication ’ and Driving - Does It Matter Whether It Is A Mobile or Camera ? Director of Public Prosecutions v Ramsey Barreto [ 2019 ] EWHC 2044 ( Admin ) The Journal of Criminal Law , 83 : 425-42 https :// journals . sagepub . com / doi / 10.1177 / 0022018319875527 and S . Kyd , road Traffic : DPP v Barreto ( Case Comment ) [ 2019 ] Crim LR 1068-1071
3
Kyd , S . and Cammiss , S ( 2018 ) ‘ Promoting Safety for Vulnerable Road Users : Assessing the Investigation and Enforcement of Endangerment Offences ’ https :// www2 . le . ac . uk / departments / law / people / drivingoffencesresearchreport . pdf