Mobile phone driving law could be changed for first time since 2003

The government is considering a change to mobile phone use when driving for the first time in over two decades, despite road safety concerns. The Department for Transport is looking at allowing emergency service drivers to use hand-held mobile devices due to new exemptions approved by the Labour government.

Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986, introduced in 2003, currently prohibits drivers from holding and using a mobile phone or similar device while driving. In March 2022, this regulation was updated to include a definition of a device that 'is capable of transmitting and receiving data, whether or not those capabilities are enabled'.

Such a device cannot be held and used by a driver while driving. However, the government has proposed changing the legislation that governs the use of hand-held phones while driving for users of Airwave Tetra and the emergency services network.

This would allow drivers of emergency service vehicles to use 'press-to-talk' mode on a hand-held device to communicate through the existing Airwave Tetra system and the upcoming Emergency Services Network. The Department for Transport (DfT) conducted a consultation on its proposal to introduce two new exemptions to the prohibition on using a hand-held mobile phone while driving – contained in Regulation 110 of The Road Vehicles (Construction and Use) Regulations 1986.

The government's consultation on the use of handheld devices by emergency services while driving has garnered 22 responses, mainly from police and ambulance services. The majority are in agreement with the proposal to exempt emergency service drivers from restrictions on using Airwave Tetra and Emergency Services Network devices in hand-held mode, according to Birmingham Live.

They stressed the critical role of communication during emergencies, but recognised the road safety risks and advocated for hands-free systems where feasible.