Cycling and mobiles don’t mix: Peer calls for law change

Mobile use while cycling should be banned, says peer

A new call from Baroness McIntosh of Pickering has highlighted a loophole where cyclists can still legally use mobiles while in the saddle – even though motorists cannot.

The former MP wants a law change so cyclists are prosecuted for the offence of using a phone – the same as car drivers.  Presently there is no specific offence for a cyclist using a phone, but a minister pointed out cyclists can be prosecuted for careless or dangerous cycling with fines of up to £2,500.

The peer says she has recent personal experience of being in danger from a cyclist using a mobile.  She claims a cyclist was on the wrong side of the road using their mobile phone with one hand, while she was attempting to cross over to the Houses of Parliament.

The Baroness’ plea follows Highway Code changes in January that introduced a ‘hierarchy of road users’ ranking the most vulnerable to harm, such as cyclists and pedestrians, and placing the greatest responsibility on car drivers for the safety of other road users – giving cyclists greater priority over vehicles at zebra crossings and junctions.

Lady McIntosh also asks why the code’s Rule 149 to ‘exercise proper control of your vehicle at all times’ bans mobile phone use yet does not apply to cyclists and e-scooter users. A further law banning handheld mobile use for car drivers came into effect on 25 March.

A leading cycling and motoring insurance comparison website, Quotezone.co.uk, hopes the new law on using mobile phones will come into effect equally across all road users.

Greg Wilson, Founder of Quotezone.co.uk comments: “It makes sense to review mobile phone use for all road users given the zero tolerance approach to motorists brought into effect at the end of March.  We should embrace any and all efforts to make our roads safer and using a phone while cycling can be particularly dangerous. 

“If the phone is there to act as a bike computer it should be attached safely with a hands-free product such as a quad lock or bike-specific phone case but even then, with the rise in the volume of potholes over the course of the pandemic, cyclists need their full attention to cope with the unexpected

“Cyclist and bicycle insurance can help protect the bike riders and other road users by safeguarding their finances from claims, covering medical expenses, personal liability, theft and damage to property but it can’t keep people out of harm’s way.  We need to respect the new changes to the highway code and look out for more vulnerable road users, this new law should help take that further.

“Bicycle insurance isn’t a legal requirement at present like car insurance is, but it should be something every cyclist has before hitting the saddle and it isn’t expensive, especially when using a comparison site to compare providers. For those with a bicycle under £1,000 it can even be added to their home insurance as a specified item.”

Quotezone.co.uk launched the UK’s first bicycle insurance comparison website with bespoke bicycle and cyclist insurance providers covering a wide range of products such as road bike insuranceelectric bike insurance and courier bike insurance

Any use of hand-held mobile phone while driving to become illegal

Prosecution regulations tightened on the use of hand-held mobile phones at the wheel

  • government strengthening existing laws making it illegal to use a hand-held mobile phone while driving under virtually any circumstance
  • follows public consultation which found that 81% of people supported such a move
  • highway code will change making it clear that hand-held phone use at traffic lights or in traffic jams is illegal

Police will soon be able to more easily prosecute drivers using a hand-held mobile phone at the wheel after the government strengthens existing laws to further improve road safety.

It is already illegal to text or make a phone call (other than in an emergency) using a hand-held device while driving. Next year, laws will go further to ban drivers from using their phones to take photos or videos, scroll through playlists or play games.

This will mean anyone caught using their hand-held device while driving will face a £200 fixed penalty notice and 6 points on their licence.

Drivers will still be able to continue using a device ‘hands-free’ while driving, such as a sat-nav, if it’s secured in a cradle. They must, however, always take responsibility for their driving and can be charged with an offence if the police find them not to be in proper control of their vehicle.

Transport Secretary Grant Shapps said: “Too many deaths and injuries occur while mobile phones are being held.

“By making it easier to prosecute people illegally using their phone at the wheel, we are ensuring the law is brought into the 21st century while further protecting all road users.

“While our roads remain among the safest in the world, we will continue working tirelessly to make them safer, including through our award-winning THINK! campaign, which challenges social norms among high-risk drivers.”

This follows a public consultation that found 81% of respondents supported proposals to strengthen the law and make it easier for culprits to be prosecuted.

Following the public consultation, the government will revise The Highway Code to explain the new measures. It will also be more precise about the fact that being stationary in traffic counts as driving, making it clear that hand-held mobile phone use at traffic lights or in motorway jams is illegal except in very limited circumstances.

There will be an exemption to the new law for drivers making a contactless payment using their mobile phone while stationary to ensure the law keeps pace with technology.

This exemption will cover, for example, places like a drive-through restaurant or a road toll, and will only apply when payment is being made with a card reader. It will not allow motorists to make general online payments while driving.

Mary Williams OBE, Chief Executive of Brake – the road safety charity, said: “Driver distraction can be deadly and using a hand-held phone at the wheel is never worth the risk. This important road safety decision by government, coinciding with Road Safety Week, is very welcomed.

“This news is particularly welcomed by families suffering bereavement and catastrophic injury due to drivers being distracted by phones. The theme for Road Safety Week is road safety heroes – we can all be road safety heroes by giving driving our full attention.”

The Department for Transport has also today published a study by Ipsos Mori about drivers who use mobile phones while driving.

Among other findings, the research reveals younger motorists are more likely to have used a handheld device at the wheel, supporting the focus of the government’s award-winning THINK! campaign, which works to boost road safety by targeting higher-risk, younger motorists and road-users.