Drivers all know - or at least all drivers should know - that you're not allowed to use your phone whilst you are driving as stated in the Highway Code. Now, a lesser known update means that you could be fined £200 for using your phone even if you're not the one who is driving.
The Code was updated on March 25, 2022, to clarify Rule 149. The rule has not changed to punish passengers who are on their phones but clarified the ban on people who are supervising learner drivers using their phones.
The change is stated on Gov.uk as: "Updated rule 149 to clarify that the ban on using hand-held interactive communication devices when driving or supervising a learner driver covers all uses."
READ MORE: New UK driving law changes from August 2023 including £70 fine for parking ban
The full part of Rule 149 that covers this law 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. This ban covers all use of a hand-held interactive communication device and it applies even when the interactive communication capability is turned off or unavailable."
This means that it is illegal for someone who is a driving instructor, or anyone as such, from using their phone at all when in the car supervising a learner driver. So no texts or calls can be made, no photos or videos taken, no apps used and no browsing the internet.
The only exceptions to the rule are the same as for the person who is driving, you can only use your phone in an emergency to call 999 or 112 and it’s unsafe or impractical to stop, you’re parked safely, you’re making a contactless payment in a vehicle that is not moving or using your phone to park your vehicle remotely.
If you as the supervisor are found guilty of this rule you could be fined £200 and get six penalty points.
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