Is it legal to take pictures or videos while driving in the UK? | Lawhive - Solicitors & Lawyers Online
Is it legal to take pictures or videos while driving in the UK?
*Motoring Law* Today I was stopped by police for “using” my phone. I wasn’t using it, just held onto it as it dropped while placed on the inbuilt sat nav. Anyway they said I was taking a picture but having looked into UK law it’s actually not illegal to take pictures or videos while driving. Law will change and make it illegal later this month. My question is, by the time it gets to court will it stand as a legal act regardless of whether or not I was taking a supposed photo. I’m a new driver so my license can be revoked. My child has special needs and it’s vital I’m able to drive. It’s causing me so much anxiety so any help would be appreciated.


9th April 2022

Top Answer
NQ - What exactly have you been charged with. Holding a phone in one hand means that you’re only driving with the other hand, so it could be said that you contravened s41D of Road Traffic Act 1988 by not being in “proper control” of a vehicle whilst driving. It’s irrespective what you’re holding in your hand as people have been convicted for not being in “proper control” for holding an apple, a sandwich and a hairbrush. (Bear in mind that the penalties have increased since these cases were originally decided) https:// www.theguardian. com/uk/2005/ jan/25/ ukcrime.martinwa inwright https:// .uk/news/ article-441082/ Driver-fined-eat ml

Samantha Fulton

9th April 2022


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