New Amendments to Highway Code

Introduction of new amendments to rule 149 of the Highway Code, relating to the use of hand-held devices and their permissible use in a moving vehicle.

As from the 25^th March 2022, the highway code has implemented new amendments surrounding the use of phones, tablets, satellite-navigations or any devices that can send or receive data, in a vehicle. These amendments relate to rule 149 of the Official Highway Code and close a legal loophole which existed due to the wording of the rule.

What the Highway Code and the law says:

It is now illegal, to use a device in your hand for any reason, whether online or offline. The law still applies if you’re:

stopped at traffic lights
queuing in traffic
driving a car that turns off the engine when you stop moving
holding and using a device that’s offline or in-flight mode
supervising a learner driver.

There are four exceptions:

you need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop
you’re safely parked
you’re making a contactless payment in a vehicle that is not moving, for example at a drive-through restaurant
you’re using the device to park your vehicle remotely.

Hands-free access

You can still use devices with hands-free access, as long as you do not hold them at any time during usage! Examples of these devices could be:

a Bluetooth headset
voice command (either within your vehicle or on your phone such as Siri, Google voice assistant or an Alexa enabled device)
a built-in sat nav
a dashboard holder or mat
a windscreen mount.

It is important to understand that even when on a dashboard holder/mat or a windscreen mount, you MUST NOT hold or touch the device, as this could still be seen as breaking the law. These hands-free access options must be used in combination with the devices voice command function.

Please remember that the device MUST NOT block your view of the road and traffic ahead.

You MUST stay in full control of your vehicle at all times. The police can stop you if they think you’re not in control because you’re distracted, and you can be prosecuted.

It is important to understand that the law does not differentiate between the types of distraction, and this could theoretically include the distractions caused by a patient and/or crewmate in the ambulance.

Penalties

The penalties for breaking the law are:

‘You can get 6 penalty points and a £200 fine if you hold and use a phone, sat nav, tablet, or any device that can send and receive data while driving or riding a motorcycle.

(…)

You can get 3 penalty points if you do not have a full view of the road and traffic ahead or proper control of the vehicle.

You can also be taken to court where you can:

be banned from driving or riding
get a maximum fine of £1,000 (£2,500 if you’re driving a lorry or bus)’

Reminders

It is important to remember that there is NO exemption to this rule even whilst on shift, and that you are breaking the law, and are therefore liable to prosecution, if you use ANY hand-held device whilst driving a trust vehicle, INCLUDING your radio (see POL17 – Driving Trust Vehicles Policy, Section 32, page 22)

For further information, please refer to the following:

Trust policies:

POL17 – Driving Trust Vehicles Policy

DVSA:

The Highway Code - Guidance - GOV.UK (www.gov.uk)

Using a phone, sat nav or other device when driving - GOV.UK (www.gov.uk)

If you still have any queries regarding the above or any other driving related issue, please do not hesitate to contact the Driver Training Unit on: DriverTraining@
eastamb.nhs.uk or contact the team on 01638 582212

Published 31st March 2022