Can Drivers Accept or Reject Jobs on Their Phone While Driving?
In most major towns, rideshare and delivery apps like Uber and Deliveroo have become the dominant way to order food or a taxi. These apps link Drivers with orders, which can be an efficient way to organise deliveries and pick-ups.
However, to accept and complete these jobs (and remember, Drivers must maximise the number of orders they accept for higher earnings), Drivers will need to do the one thing they’re commonly told they shouldn’t do: use their smartphones while driving.
With most apps, Drivers have only a few seconds to check the details of a request. In that split moment, they must read the request, decide whether it’s economical for them, and then press a button to accept or reject it. This brings up concerns about the safety and legality of using phones while driving for work - what is and isn’t allowed.
As the gig economy grows and more people rely on these services for income, it's important to not only understand the laws but also understand the risks around phone use when driving.
Current laws on using phones while driving
In most places, it is illegal for Drivers to hold and use a mobile phone while driving. Laws vary depending on the location, but countries generally ban using a phone for any purpose while behind the wheel. Hands-free use is usually allowed.
Whether in reaction to the rise of the apps or not, in 2022, the United Kingdom toughened its laws on phone use while driving. It became illegal to “hold and use” a phone or any handheld device for any reason while driving, even when stopped at a red light or in traffic.
This law applies to tablets and even satnavs—basically anything with physical interactivity. Drivers cannot use their phones to text, call, take photos or videos. Importantly, taxi Drivers cannot handle a phone to accept a taxi driving job. In the event of an accident, a mobile phone may be retrospectively assessed to check for activity leading up to the crash. If the Driver wanted to pick up and handle a phone, they could do so once safely parked and not when at traffic lights.
These stricter laws aim to address the serious dangers of distracted driving caused by mobile devices. Research has found that mobile phone use makes Drivers more prone to not spotting traffic signals like traffic lights. Regular phone users were found to be twice as likely to crash.
Research also found that mounted mobile phones pose less of a distraction, which is perhaps why they are considered legal. However, they can still distract the Driver to the same degree in some circumstances, and this often depends on the mounting position (scroll down to find out where it is safest to mount a phone).
Exceptions
There are a few exceptions in the UK. Drivers can use a handheld device to call emergency services, but only when stopping is unsafe. They can make contactless payments with their phone at a drive-through when stationary, or park their vehicle remotely.
It’s important to note that devices can be used hands-free through Bluetooth and voice commands, such as having a loudspeaker phone call. Importantly, phone use is allowed when the phone is mounted on the dashboard, as long as they don’t block the Driver’s view. This is the main exception to the law that almost all rideshare work is predicated on, which we will explore in more detail below.
Mounting a phone
When a phone is secured in a mount (and it cannot be mounted anywhere, it legally must be mounted without obstructing the view of the road), it’s legal to use the phone as a navigation device, accepting loudspeaker calls, as well as accepting/rejecting jobs from ride-sharing apps.
However, this doesn’t mean the phone can be used to play games or text messages simply because it’s mounted. The law here is all about taking “due care and attention” when driving, which is admittedly vague. If a police officer sees a Driver playing Candy Crush, they will deem this an offence, whether or not the phone is cradled on a mount.
In other words, while the law is vague, it seems reasonable to have a rule of thumb that while the Driver can quickly press accept/reject a job, if they need to message the passenger a long text, they should pull over first, turn off the engine, then proceed to message. This is because, though subjective to a degree, it’s most likely impossible to write a long message while taking due care and attention on the road (whether or not the phone is mounted).
The key distinction here is that playing games on a mounted phone wouldn’t be an offence under the handheld phone use law, but rather a general offence about driving without due care. The law around picking up and handling a phone is much more clear-cut.
Penalties
Penalties for breaking these laws in the UK include 6 points on the Driver’s licence and a £200 fine. Drivers who passed their test within the last 2 years could lose their licence. In serious cases, Drivers may also face a court summons, a driving ban, and fines up to £1,000, or £2,500 for lorry or bus Drivers.
While enforcing these rules can be difficult, the laws clearly communicate that using a phone while driving is both dangerous and illegal in most cases. Essentially, Drivers can touch their phone when it’s mounted, but cannot handle it outside of a mount.
How rideshare/delivery apps notify drivers of jobs
Rideshare and delivery apps use push notifications to notify Drivers about available jobs. When a customer requests a ride or places an order, the app sends a notification to nearby Drivers, showing key details about the job.
For most rideshare apps, these notifications usually include:
The estimated fare
The pickup location
The drop-off location
The estimated time to reach the pickup location
The estimated duration of the trip
The estimated price
In delivery apps, notifications might also include the size of the order and any special instructions. This is a lot of information to process, so how long do they give the Driver?
These alerts appear on the Driver's phone for around 5 to 15 seconds. Many Drivers are reporting that for good orders, the time is shorter, and has become shorter than in previous years too. Uber themselves claim it’s typically 15 seconds.
Drivers must quickly decide if the job is worth accepting, which puts pressure on them to make fast decisions while possibly driving. It’s also tempting to continue looking at the screen to re-read the information when helping process whether it’s a job worth taking.
While ride-sharing apps have an incentive to reduce the time to accept, it’s not in the Driver’s best interest. If the Driver doesn’t respond in time, the request is declined and sent to another Driver. That’s lost income, so the pressure is on.
If a job doesn’t get enough takers, the app might raise the fare and resend the request to attract more Drivers. Ultimately, Drivers are being asked to read and use their mobile phones frequently while driving.
Guidance for drivers on accepting/rejecting jobs legally
Rideshare and delivery Drivers face challenges due to laws and their own safety when accepting/rejecting jobs. One way to keep safe is knowing where to place the phone mount. Not only will this keep the Driver safe, but placing it in the wrong position can be an offence in and of itself.
The safest place to mount a phone
The safest place to mount a phone is in a position where the Driver can clearly see the road in front of them. Although many people believe the Driver cannot mount the phone on the windscreen, the UK does allow this, so long as it’s not obstructing their view. After all, mounting it near their lap would be far more dangerous, as they would lose peripheral vision of the road.
Place the mount either on the dashboard or on the windscreen, preferably in the bottom right to maximise road visibility
Avoid placing the phone high up on the windscreen
Do not place the phone in front of airbag zones
Secure the mount so it doesn’t fall off during sudden stops or speedbumps
Make sure the mount fits the phone
How to use a mounted phone
Below are some things to keep in mind when using a mounted phone
Try to set up navigation before starting to drive
Use hands-free voice commands as much as possible, like Google Assistant—in some accessibility settings, this can be used to click buttons on the screen (i.e. accepting a ridesharing job)
Avoid looking at the phone for more than a second or so at a time
Take time accepting jobs. If the details of the job cannot be read in time, don’t rush
Some apps allow the Driver to have an “automatically accept” toggle for jobs
It's worth noting that while companies like Uber track how often Drivers accept or cancel jobs (creating a dangerous incentive to maximise acceptance rates), Drivers should prioritise safety and compliance. After all, passengers may feel unsafe when seeing their Driver over-use their phone, and this can lead to a lower rating.
Multi-use of apps
Some Drivers have reported feeling that algorithms may manipulate job offers, making Drivers feel pressured into accepting jobs. As the gig economy grows, it’s important for Drivers to not put all of their eggs in one basket, unless they fully receive trust and respect back from their company.
In other words, by using various mobile apps, such as Uber and Bolt (instead of just Uber), Drivers can take some pressure off and this can improve their road safety. By having a backup app for jobs, they can ignore incoming requests if the road doesn’t feel safe enough to do so.
Perhaps more pertinently, it’s important for Drivers to use providers that respect their Drivers. When using a company like Zippe Transport, job security is high and income is more reliable. Therefore, Zippe Drivers aren’t pushed towards fast on-road decision-making and over-using their phones.
Other laws drivers need to be aware of
So, it should be clear by now that Drivers can use their mobile phones when driving, but only in a limited, safe way when it’s mounted. But, what other laws are there to be aware of that might be relevant to taxi and delivery Drivers?
Drivers must have a valid Taxi or Private Hire Licence
Vehicles must meet specific safety, accessibility and emission standards depending on the jurisdiction
Drivers must accept assistance dogs unless they have a medical exemption
Children are exempt from having to sit in car seats, within a taxi or private hire vehicle.
It’s illegal to smoke or vape in a taxi or private hire vehicle
Taxi Drivers are exempt from wearing a seatbelt when carrying passengers
If using CCTV, Drivers must comply with data protection laws, be registered with the ICO and have written consent from the licensing authority.
Final word
Although using a mobile phone when driving is often believed to be illegal, and if nothing else, dangerous, it is unfortunate that professional Drivers now rely on using them constantly throughout the day at work.
Although it is legal (but very vague) to use a mounted phone in a limited way, the more important law is driving with due care and attention. Though vague, this law prevents abuse of phone use when mounted, and it’s useful to associate this with things like writing long messages and playing games.
While accepting and rejecting rides isn’t illegal, it might be considered illegal in moments when extra attention and care are needed. Our recommendation is to only use your phone when safe and legal to do so.
