The Legal Landscape of Mobile Phone Use While Driving: Key Cases and Practical Guidance
The use of mobile phones while driving remains a hotly debated topic, particularly as technology evolves. This blog explores the legal framework, focusing on landmark cases like Director of Public Prosecutions v Barreto [2019] and Bendt v CPS [2022], and addresses whether it is lawful to take a picture while stationary after a road traffic accident.
The Barreto Case: A Narrow Interpretation of the Law
In DPP v Barreto [2019], the High Court examined the scope of Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986. Barreto was seen filming an accident while driving, and the prosecution argued this violated the prohibition against using a mobile phone while driving. The court, however, held that the regulation only applied to interactive communication, such as calls, texts, or internet use. Non-communicative uses, like filming or taking pictures, were outside the regulations scope.
Key Takeaway:
At the time, the law did not prohibit all phone use, only those involving data transmission or communication. This decision revealed a significant loophole in the legislation.
Bendt and the 2022 Amendments: Closing the Loophole
Following Barreto, the government acted to address public safety concerns by tightening the law. The updated 2022 regulations explicitly prohibit any hand-held mobile phone use while driving—regardless of whether it involves communication. This broader prohibition was reinforced in Bendt v CPS [2022], where the High Court upheld a conviction for hand-held phone use, aligning with the updated regulations.
Key Takeaway:
Under the current law, any hand-held use of a mobile phone while driving is prohibited, regardless of its purpose.
Can You Take a Picture While Stationary After an Accident?
The law prohibits hand-held phone use while driving. However, if your vehicle is stationary with the engine off (e.g., parked safely), you are not “driving” under the law. Thus, taking a picture in such circumstances is legal. However, if your car is stationary in traffic or at a red light with the engine running, the prohibition applies.
Practical Considerations After an Accident
• Legal Documentation: Taking pictures after an accident can be critical for evidence. Ensure your vehicle is parked safely and the engine is off before using your phone.
• Avoid Immediate Risks: If stopping to take pictures creates a hazard, prioritise safety and follow police instructions.
Conclusion: Stay Updated and Drive Safely
The cases of Barreto and Bendt highlight how the law evolves to address public safety and technological advances. While the updated regulations now prohibit all hand-held phone use while driving, taking pictures after safely stopping and turning off the engine remains lawful.
At Sahota & Sahota Solicitors we specialise in criminal defence matters and are here to advise you on any legal concerns related to driving offences. If you need expert assistance, contact us for a consultation.
