Lawyer explains whether it’s legal to touch your phone in a holder while driving

It could well be a point of confusion in a world of universal phone use, but a lawyer has set out what you can and can’t do with your phone while driving

A lawyer has set out whether it’s legal to touch your phone in a holder while you’re driving. It could well be a point of confusion in a world of universal phone use, hands-free functionality, and interactive car screens. but the law appears, upon first glance, to be clear when it comes to using your phone for its original function – not using it “for any purpose”.

But there are a number of nuances to be considered. Barrister Daniel J. ShenSmith says the piece of legislation that covers the use of mobile phones while driving is the Road Vehicles (Construction and Use) Regulations 1986, namely an amendment that inserts regulation 110.

It can be found in section F, “Avoidance of danger”; Daniel highlighted section F7, where it sets out the definition of “using” a phone. It includes everything from illuminating the screen to unlocking it and making calls.

Daniel said: “The short version is technically, yes, it is legal to touch your phone so long as it is securely mounted in a cradle and if you liken this to the screen on a Tesla, and you were to answer a call in a Tesla by pressing the button.

“You are not breaking the law for many reasons, but first of all, it is not handheld, and if you just press the button to answer the call, you’re not likely to be distracted, but all of this comes with the big caveat.”

Caveats to the legislation

He explains in a video for this BlackBeltBarrister YouTube channel that, regardless of whether you’re breaking the regulation, you could still be “held to be” driving without due care and attention.

You could also be found to have been driving carelessly or even dangerously if what you were doing on your phone distracted you “sufficiently” that it led to a collision involving serious injury or death.

Daniel explained that there were two caveats to the points outlined in the legislation: contactless payment (you must be stationary, and what is being delivered must be immediate) and “genuine” emergencies.

Defining “use”

As for the term “use”, he said it applies when the “thing is in your hand”. Above F7, it reads: “For the purposes of this regulation—a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point [while being used].”

While this point has been slightly amended since the publication of Daniel’s video, the wording “treated as hand-held if it is, or must be, held at some point” remains unchanged. Daniel points out that it doesn’t include holders.

He continued: “So, if it must be in your hand to do whatever it is you’re doing, then it’s caught by the regulations. It does not say that, you know, if it’s in a cradle and you press a button.

“That’s not what it says because if it’s in a cradle and you can press a button to answer the call, or if it’s a Tesla screen and you can press a button to answer the call, it is not, and it does not have to be in your hand to carry out that function, and that is not what the regulations say.”

What the Highway Code says

He then referred to Rule 149 of the Highway Code, “Mobile phones and in-vehicle technology”. It states that motorists “MUST exercise proper control” of their vehicles at all times.

It says you “MUST NOT use a hand-held mobile phone, or similar device, capable of interactive communication (such as a tablet) for any purpose when driving or when supervising a learner driver”.

Rule 149 also prohibits you from picking up your phone while driving to dial a number before putting it in a holder and from picking up and using your phone while stationary in traffic.

Screens in cars

So how does this apply to screen technology in modern cars? Daniel says using a screen is “wiped out even if it is legal to use it” under the rule if you are not exercising proper control of the vehicle at all times.

Referring back to an explanatory note for the legislation, Daniel points out: “So the keyword in there is ‘held in the hand’. If it is in a cradle, it is not held in the hand.

“Now, if at some point this comes to court and the court says, ‘Well, we’re going to interpret it even more narrowly and say it’s in the hand even if it’s in a cradle – which I don’t think it would – then that would change things, but that is not the meaning of the words.”

UK Government guidance

Guidance on the UK Government website states that drivers “can use devices” with hands-free access, provided they “do not hold them at any time during usage”, including via voice command, dashboard holders, mats, and windscreen mounts, among others.

Summing up his assessment, Daniel advises people to only use their phones as sat navs, but if you do decide to use it as a phone, you should only “press a button to answer it and press a button to end it.”

He added that it’s best not to dial for calls, even if it’s in a holder. Daniel points out that by doing so, you would be crossing the threshold into not driving with due care and attention.

You can learn more about the rules surrounding phone use in cars on the GOV website.