I see people every day still using their phones while driving and appearing not to give a monkeys if it’s illegal or not. Unfortunately my rear facing dash cam records it and it has been sent to the authorities, especially since I’ve been rear ended by one of these before. Some might call me a snitch but if your going to be the goon on your phone tailgating me and you go onto wipe out a family or something, it’s worth it.

The insanity of where we are now as a society. We know the purpose behind the legislation, but so many people try to find loopholes that the law then has to be changed, leading to ridiculously convoluted regulations making things overly complicated and confusing.

I had come to understand this as: Put your phone in a cradle and don't touch it unless the handbrake is on. I was convinced this was good until you clarified that being at traffic lights with the hand brake on is still classed as driving. I've learnt something and am better informed now. Thank you.

Exceptional hardship should be done away with. If you are on 6 or 9 points, you should drive more carefully and ensure the vehicle is fully legal.

You could threaten to cut peoples hands off when using a mobile phone, and they would still chance it!, still gives a new meaning to hands free

I drive for a living and just today (same day as this video was uploaded by BBB) i have encountered two stupid women parked up and using their phones,one parked right on a t junction,and the other parked in the middle of the lane on the approach to a brow of a hill

I don't understand people these days most car's have Android auto / Apple car play which totally takes the need to to hold any phone, everything can be done with voice commands making calls, sending messages etc can be done without ever touching the phone but most people cannot live with having their phone in the hand, it boggles my mind

I have seen drivers touching mobile phone while in a cradle and not looking at the rod ahead and to me is wrong.

Since they have not defined hand-held, and only say if it needs to be held to perform a function ... then it could be very easily argued that a mobile phone in your pocket that sends or receives data and beep to notify you means you are liable ... which is ridiculous ...

I see drivers doing this all the time in Canada. It’s extremely dangerous, especially during inclement weather. I’ve reported drivers in the past but I’ve never had any follow up from the police. This makes me think whether the police take this seriously.

No court in the land could argue that a mobile phone fixed in a vehicle is any different to manufacturers massive screens that incorporate items such as changing the heating or include navigation and call facilities. This obviously doesn't negate driving without due care and attention whether that a phone or inbuilt car interactive screen.. Luckily most in built car systems and mobile phones have voice activated controls. You could also argue a Police officer or other emergency worker not on blue lights or attending a job using a hand held intercom system is in breach of the regulations as they incorporated into law.

Do not drink and drive. Do not use hand held devices whilst driving

Surely this changes if you are involved in a crash. Suddenly your phone or device will be used to apportion blame and convict you (Watch Real CSI). Especially in the case of a fatality. Perhaps best to be on the safe side and avoid use of any device whilst travelling.

Hi @blackbeltbarrister just wondering if you could do a vid on the right to record in a DWP jobcentre and the ability to ask for a recorded appointment . I keep getting refused a recorded appointment based on privacy policies but the law (as far as I know) states the dwp MUST make reasonable adjustments to allow recording of an appointment. Thank you

My son's is hooked up to the car and he never has to touch the phone.

Is it just me or, '...or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device', can be extended to pedestrians using phones while illegaly crossing or clearly obstructing a vehicle while using a phone?

Holding mobile phone... I've seen laptops on dash playing films in lorries & car drivers with huge 10" tablets held on steering wheel doing same!

As part of my work I use a GoPro on the bonnet of a car to video the road surface and highway furniture that I am responsible for, I use an IPhone to connect to the forward facing GoPro camera but connect (Via Bluetooth) on private land, and go out on the public highway and then when finished the video I then return to private land to use the iPhone to disconnect the video. The iPhone does not display any live footage during the filming of the road, but is indeed in a secure cradle on the dashboard. ( not impeding and visibility issues within the windscreen) I think that from your video I am ok an legal. Thank-you in advance for any comments..

How often do drivers get into trouble because they do not answer the phone when called by the bosses, this was a problem we had with one supervisor, he knew people were driving, but still expecting you to answer, as he would use his phone all the time

And on the whole "Hand Held device" thing. Most (if not all) of current phones have a touch screen. You can mount it in car, after which there is no requirement whatsoever for it to be hand held to be used. You can simply prod at the screen with your finger, or even with a stylus, to use it fully. The law is an ass.

The only time I can see it being justified is if you haven't moved in a queue for hours, are not likely to move any time soon and you need the engine to not die of hypothermia e.g. bad snowfall, even if it's technically still illegal.

I don't so much as touch my phone whilst driving! My friend was using her phone whilst driving, almost crashed 3 times 😳 I kissed the ground when I got out and refused to get in her car again! But then she always wonders what happened when she's written off 3 cars 🤦‍♀️

I think any attention being given to devices, fixed or otherwise takes attention from the road and environs.

My car doesn't have a built-in satnav, so I use a satnav app on my phone, with my phone in a cradle. I set up the route before I start driving, and it automatically recalculates without my intervention if I divert from the programmed route. I assume this won't be a problem? This setup is safer than me using a paper map and list of directions to help me find my way.

A friend has a car with the dash display like an aircraft. You need a degree in avionics to understand it. To adjust most things then one has to look at it for more than a glance. To my mind, this is bloody ridiculous. I'm changing my car at the end of the month and I made sure it does not have a display like that. However, it does have another pointless bit of techy kit - an electric handbrake. Something else to go wrong, and I now know four people who have had theirs jam on.

Most cars/devices are hands free/voicnow, even asking your phones' assistant to do voice to text is a common thing - it's a head scratcher why folk still drive with one hand on the phone and the other fixing their hair in the rear view mirror.

Thankfully I don't have a watch. Checking a watch to find out the time while driving seems to be an offence, especially if it is capable,of being connected to a device which can used for communication even if that functionality is not enabled.

I’m glad iPhone has setting to block any incoming calls whilst driving.

It should also be illegal for pedestrians, cyclists, rollerbladers, skateboarders and electric buggy drivers to use a mobile phone while moving. No exceptions.

I totally agree that you must not drive while holding a phone. But when you can get prosecuted to same penalty for using a phone while **PARKED** in a lay-by…. something is seriously wrong somewhere. [if the police see you in a lay-by using your phone while the car’s ignition is on they will do you just the same as if you were driving on a the road while using it]

I still see lots of drivers on the phone. I've reported loads to the police

So what about using your phone as a sat nav ? In fact, using a dedicated sat nav that is not a phone?

I watched someone in front of me one night driving very oddly on a downhill wet winding road. When we came to a junction I came alongside her to see she was on a video call with a couple of small kids, chatting and laughing away, leaning back and too into camera, it would be a marvel of modern tech to me if it was the passenger, but the driver? Nightmare tech. My immediate thought "Now they watch mummy 'pass' in full HD at 30 frames a second! Utterly mental." I am curious to one part of your video near the end; the talking on the device being more distracting than a passenger talking because that call is outside the drivers immediate sphere, though I agree with you to an extent if for different reasons, I'd think it can often be the other way around. For example be the nominated driver for business trips; 5 guys in a car for 150 miles with no off buttons ... Or the best reason for a driver to be utterly cocooned from everyone else is to be the dad in Dads taxi. 🙂

Police say that if filming vehicles should display a sign & its same with cyclists, however I’ve never seen a sign on a Tesla saying a camera is filming. As its in public do they all need stickers?

Something can’t be capable of transmitting data if is not enabled! This piece of technical legislation doesn’t make sense?

when I am out and about I see a good high % of drivers still flaunt this law...

My question is how can the Police break the law using a hand-held radio or communication device or phone clipped to their jackets whilst driving therefore only having one hand on the driving wheel. Is this not breaking the law to uphold the law?

Still not heard any answer to Driving an Electric, or Hybrid Car. I went to two showrooms today, and apart from the screens being within a driver reach. his/hers Eyes will need to look away from the road ahead! on many occasions. There might well be some duplications on the steering wheel/or stalks, but certainly not all functions.

In my opinion as a HGV driver for the past 27 years, making KZfaq videos whilst driving is still tantamount to driving without due care and attention and I'm a but surprised you would do that tbh, just don't use a mobile phone at all whilst driving is the safest policy.

Thank you 😊

...or in a nutshell; don't use your 'king phone when driving.

Pls pls cover other laws away from the generic road/driving shenanigans 🙏

Thats Taxi Drivers breaking the law, as they use an App on their phones for the purpose of their job 👍

You gotta love UK legislation. "Is capable of transmitting and receiving data, whether or not those capabilities are enabled" is contradictory of itself. If the capabilities are not enabled, then it is not capable of performing them. e.g. If an 8 core CPU is capable of performing 10,000,000 instructions per second in a multi-thread process, but half of the cores are disabled by the manufacturer, reducing capacity to 5,000,000 IPS, then what is it capable of, without intervention to re-enable the disabled cores. And I can't find any cases that address this premise. And for anyone that wants to disagree with me, please take your phone, turn off mobile data, WiFi and Bluetooth, and then tell me if it is, at that time, capable of browsing the internet. Or, for a ridiculous example, let's assume that an able bodied person, except they have a prosthetic leg, is capable of jumping over a small wall, but something in the leg breaks (and is capable of being repaired) such that they can't, are they then capable or incapable of jumping the wall?

how can i drive legally? by the vague definitions you gave given my steering wheel is i hand held device and i regularly use this to interact with the sterio which receives data (audio/radio/spotify). the steering wheel also transmits data (my button pushes) to control various things such as iluminating the screen/adjusting brightness(dashboard), cruise control, indicarirs, & audio controls, and making/receiving/rejecting calls.

Ham radio operators. As a licensed ham radio operator I have seen some KZfaq videos that say ham radios do not come under the same laws as mobile phones as they are not specifically mentioned. I have a mobile walkie talkie, to which is connected an external microphone so the radio could sit in the Center console whilst I held just the mike,, I also have a Bluetooth ptt (push to talk) button which fixes to the steering wheel and could be used whilst driving to operate the radio and still keep both hands on the wheel. My question is would I be breaking the law if I were to use either the external microphone or the ptt button? Also is it illegal to sit in my car with the engine off whilst waiting for my wife, and use said equipment, and are the KZfaq videos giving us wrong info. Thanks for your response.

Whilst you are primarily talking about phones, I could conclude from the legal "definition" of a hand held device used for communication, that the steering wheel could fall under that definition if it has buttons to make or receive phone calls via Bluetooth or even communicate with the car itself to set cruise control etc. Now I'm sure that is not what the definition intended but it really is open to wide interpretation. On a serious note, I think ALL phone communication whilst driving, hands-free or not, is bad. It distracts the driver during the interaction and can continue to do so afterwards for a time. We got by for thousands of years without mobile phones so doing without whilst driving should present no problem. 🥰

You never mentioned smart watches ! 😅😂

Not so long ago I read in my local rag about a police vehicle coming alongside another vehicle stationary at a set of traffic lights. The officer noticed the person in the front right side of the vehicle was obviously texting and started to rant at them only to realise he was in fact ranting at the passenger of the vehicle and not the driver. The car had Dutch number plates and was right hand drive. The officer was forced to apologise, not so much for mistaking the fact that it was right hand drive but more about their method of informing the driver/passenger.

If you watch Auditing videos using hand held devices is something police officers are caught doing in marked cars and vans, and in their private cars . Invariably the Auditors report them for doing this and offer the video evidence to the police , who invariably REFUSE to accept the complaint or the evidence 😮 Another ignored complaint is when Auditors find illegal number plates or untaxed cars and cars without MOT in (Police Only ) car parks . They report it, the police do nothing . One rule for thee, but not for me .

Years ago, I ended a road rage incident by holding my phone to my ear and leaning forward like I was reporting his plate. Lol, he did a double-take and made straight for the nearest off-ramp.

I wish someone would create an Android music voice controller app that works for my Android system in my car. Scrolling music distracts me and i hate doing it. Just need someone to create an app like Alexa or Google. I have loads of albums on my car Android system so we need an app quickly. It needs to be offline and working well. I haven't found one that actually works. 🙂

Sound like you cant use your stering wheel controls

As a Ham Radio operator what’s your view on using two way radio for communication while driving. I believe this is covered in 110 also ? Keep up the great content 👍

There are dash cams out there with a screen to watch , this is also a tricky one. 👍

Based on your explanation, singing to music in the car would be a distraction as well as your mind is on the lyrics trying to sing. How is this somehow technically different than speaking to somebody on the phone?

So a phone-based GP in a cradle set before starting off is ok to use? What if you have to brake and it falls out of the cradke despite being set securely to begin with? Can you pick it up and put it back?

This all involves being in hand though? So you could use the voice commands to do most of this as well, like telling your GoPro to start a video. I would believe that any interaction with a device distracts a driver too much. I guess it would be driving without due care and attention instead?

What about the scenario of filming a traffic stop? Are we allowed to interact with a mobile phone to start a recording? For example, I am pulled over on the motorway and stop on the hard shoulder. The vehicle is stationary and the handbrake is on. I want to film the interaction but I need to either take my phone out of my pocket or unlock it in a cradle. I could see that the police may take issue with being filmed and try to prosecute for using a phone, even if that wasn’t the purpose of the traffic stop.

Thats a lovely microphone you got there.. :P

does the handheld device also mean a fitbit watch ? can't i look at the time on my watch? it communicates with my mobile, so it is a communication device.

So does "hand-held" cover a mobile phone attached to a strap around your wrist? Does it cover a mobile phone lying on your lap? Does it cover a mobile phone held by someone else in the vehicle? Does it cover a mobile phone strapped round the neck of your dog? Once you start to try and cover each individual possibility, someone will find an exception to the rule.

cradle:) I never heard that word.. First I thought you are talking about a rotary phone

Hi again. What is the law in relation to apple watches to communicate when driving ? Also what if phone is in cradle but has a heads-up display projected on windscreen that is available now. Thanks again

Is it ok to look toward the camera while talking to the camera? There must be some limit surely as your focus is away from the road and task of driving and instead, on the camera and if it is done for some time and or repeatedly? And what if the camera has a screen displaying an image of what it is focused on which in this case is your face? What is the implication that while driving you reach to the camera and alter its focus or alignment? How about simply checking a camera is on or perhaps turning it while Driving? It is a device that is not required for operating the vehicle.

One concern I have is that I am a year round biker like so many others and quite often takes trips that require me to use a sat-nav application on my phone. The phone is mechanically attached to the bike above the motorcycle dashboard for easy viewing/glancing look. Starting the application before setting off and only glancing at it for reference occasionally would this still be classified as “using a handheld device whilst operating a vehicle “.

Dan, I use Google maps on my phone in a holder when driving to places I don't know. Sometimes it will offer an alternative route due to road closures or accidents. You get the option to dismiss or accept the new route which requires you to touch the screen. I understand you can be prosecuted if you get caught touching your phone. Where do I stand?

Is it still legal for a licensed radio amateur to use a hand held microphone while driving. We were exempt as where police, Ambulance etc

How hard can it be

@blackbeltbarrister In 06:50 you start displaying the statute amendments. When I google for this regulation I only find the original text. Could you do me a favour please and post a direct link to the source that has the current valid regulations including all valid amendment?

Curiosity question. Hand held PMR or CB radio with PTT. Or a fixed radio with a PTT mike. What's the law on these. As we use them when we go green Laning, and when we travel to a green lane location, we have them on if the vehicle in front of behind has mechanical issues we can all stop at the nearest safe place. What is the law around using PTT radio's. Many thanks. Big fan of your channel👍🇬🇧

Does all of this only pertain to using a phone handheld, ,or does it also cover while the phone is in a cradle?

How does "handheld" work with smartwatches? All of the described actions (reading or replying to texts, having a phone call, controlling media apps etc.) can be done on some smartwatches. You are not "holding" the device - it is however attached to you. I'd be very curious how the courts would try to interpret that.

Hi @blackbeltbarrister just wondering what your opinion would be on a prosecution brought for the use of an apple watch or similar under these regulations. Would worn on the wrist the wrist be considered hand held.

It is unwise for you to advocate talking to camera whilst driving. Anything other than concentrating 100% on driving the vehicle is a distraction. If you are “talking to camera” you are not looking at the road. You are reckless to suggest otherwise. Your comparison to talking to someone in the car is tenuous as there will always be some form of interaction with the device, such as your “Triple Tap” to activate recording.

This is a very interesting video and I enjoyed watching on my drive home tonight.

Do they need camera footage of you with the device in hand or can they simply say we saw you?

How come hgvs drivers can use CB radios whilst driving ???

What is the exception for emergency services

Does this law or any other law cover the use of citizen radio. cb radio

I always wear a Bluetooth device on my ear 👂 so when someone rings me I just say answer with out touching the device

When I was in Korea I caught a taxi and the driver was watching baseball on a monitor in his car. Would that be illegal?

Does this mean that it is illegal to use an access card to raise a barrier or open a gate to a protected area while in control of the vehicle? Surely while you are reaching out of the window to scan the card, you are holding the card in your hand and the card is therefore handheld.

Does this mean if the mobile doesn’t have a SIM card installed, then it’s ‘not enabled’ and these amendments then don’t apply?

If your phone is in a cradle and its being used as a sat nav or your talking to someone giving directions would you be foul of the law?

…is a bicycle a vehicle? Do these rules apply to cyclists or E-cyclists?

I have a question. regarding not handheld, if the phone is in your pocket but connects to a cars systems via Bluetooth, from my experince I am unable to access the phone directly, but the voice activated systems in the car allow me to answer a call or make a call. What are your thoughts re this situation? and would this legistation have any effect on people filming with a non connected devive such as a camera?

I use my watch connected to the mobile via Bluetooth,I very rarely get calls normally the wife asking if I'm on my way home and what time I'll be home and they are normally pretty short calls but I still need to press the green phone on the watch ,which takes half a second,I don't make calls ,if I need to make a call I pull over and use the phone ,you touched very briefly on watch calls,so is this legal ? it's not hand held

I'm amazed the regulations are about holding devices capable of communication with something. What I'm getting at is that you could read this to say it doesnt cover portable cameras. It would be ridiculous to use one while driving but as its not a communication device or capable of it, so it would seem the regulations dont cover it. (I mean "hand-held" ones. Still not a communications device) There is a question of distraction. Passengers are quite capable of it and, it could be argued, in some cases more likely to be distracting because of their physical presence (children more so than adults but not exclusively so). Yes, the person on the other end of a phone is in a physically different place but so are radio presenters who might be commentating on sportrs, discussing politics, running a quiz, over and above just playing music. You are not, usually, interacting with such people but if the subject is controversial it can be as if you are. If you end up fuming about some POV I would argue you have been distracted from your primary task of driving the vehicle. Ultimately its about common sense and focus. Not holding on to some other device seems obvious. If a hands-free phone conversation requires some thought, your common sense should make you say "I'll call you back when I get home/back to the office...etc" as you should tell you are losing focus on driving. Ditto, for radio, Turn it off if its annoying or switch to Classic FM. (less chat). But as we see all the time, if everybody had and used common sense, laws and regulations wouldnt be necessary.

Yet new cars where every function on touchscreen are exempt?

So, can I no longer check the time on my Apple Watch whilst driving? FYI, to save battery the watch screen is off until I touch the watch the screen / turn the crown. The watch has cellular connectivity. Plus, it is always connected to my iPhone when in Bluetooth range meaning data is always flowing between the two. Especially when I am using CarPlay and Apple Maps for navigation.

So it's ok to use an old fashioned camera. Good to know.

People making a call whilst pulled over safely with their engine still running and sitting in the drivers seat should not be targeted by police as they are clearly acting within the spirit and intent of the law, likewise texting, but if not safely parked and/or moving they should be prosecuted. Filming should be by fixed mounted camera or passenger - if the driver is holding the camera whilst driving then that is as dangerous as texting whilst driving. Magistrates MUST be free to excercise common sense if the police bring a prosecution against a driver who has made the effort to find a safe and legal place to pull over to make the call or text, irrespective of whether they are sitting in the drivers seat and whether the engine is running or not. This is nothing more or less than basic elementary common sense and the public should be able to rely on that.

I asked this on a previous phone/car video about using a tablet, on its on stand attached to the dashboard and having google maps showing directions? No touching it while driving at all, is this legal?

6:30 what if there is no sim card in the phone? Does that make a difference at all?

Given the wording of the rules, where do the police stand in using their radios while driving?

I use my mobile streaming as a dash cam while I cycle strapped to my chest I'm guessing that's ok as long as I dont touch it?

What about Google Maps on the phone? I always pull into a layby to do this but must I stop the engine as well ? With my old car and how i connect the phone to the sound system I cannot do this with the engine stopped. So is it legal to do with tge engine running but in a layby or stopped at motorway services?

Smoking and vaping should be banned aswell

Many years ago I saw a guy on the M6 near junc 10, with a laptop open on his steering wheel, tapping away at the keys, yes the traffic was only crawling, but I was genuinely shocked by his stupidity