Motoring Offences | Mobile Phone.

Using a Mobile Phone While Driving

It is illegal to hold and use a mobile phone, sat-nav, tablet or another device capable of sending or receiving data while driving or riding a motorcycle.

The law applies whether the device is being used online or offline and whether or not the driver is making a call.

A driver caught committing the offence will normally receive six penalty points and a £200 fixed penalty. More serious cases can be taken to court, where a larger fine and disqualification may be imposed.

What Does the Law Prohibit?

A driver must not hold and use a mobile telephone or similar interactive communication device for any purpose while driving.

Prohibited activity may include:

• making or receiving a telephone call;
• reading or sending a message;
• taking a photograph or recording video;
• using social media;
• searching the internet;
• selecting music;
• checking notifications;
• using a map or navigation application;
• playing a game;
• unlocking the device; or
• illuminating or otherwise interacting with the screen.

The device does not have to be connected to a mobile network at the time. Holding it while using a stored function can still amount to the offence.

When Is a Driver Legally Driving?

The prohibition continues to apply where the vehicle is temporarily stationary but remains part of the journey.

This includes when the driver is:

• stopped at traffic lights;
• waiting in a traffic queue;
• stationary in congestion;
• waiting at a junction;
• using a vehicle with stop-start technology; or
• supervising a learner driver.

A driver should park safely before holding and using the device.

Stopping on the hard shoulder or in another dangerous or prohibited location merely to use a telephone may create a separate offence.

What Are the Penalties?

The standard fixed penalty for holding and using a mobile device while driving is:

• six penalty points; and
• a £200 fine.

If the case goes to court, the penalties can include:

• a fine of up to £1,000;
• a fine of up to £2,500 when driving a bus, coach or goods vehicle;
• six penalty points; and
• discretionary disqualification.

The court may deal with the case rather than issuing a fixed penalty where the circumstances are particularly serious, or the driver faces disqualification under the penalty-points rules.

Newly Qualified Drivers

A driver who receives six or more penalty points within two years of passing their first driving test will normally have their licence revoked by the Driver and Vehicle Licensing Agency.

A newly qualified driver receiving six points for one mobile-phone offence may therefore lose their licence.

Revocation is different from a court-imposed driving ban. To regain a full licence, the driver will normally need to:

• apply for a new provisional licence;
• drive as a learner;
• pass the theory test again; and
• pass another practical driving test.

The six penalty points remain on the driving record after the licence is regained.

Can the Police Offer a Driver-Awareness Course?

A driver has no legal right to be offered an educational course instead of penalty points or prosecution.

The ordinary sanction for the handheld mobile-phone offence is six points and a £200 fixed penalty, or prosecution in court.

Police forces and prosecutors decide how to deal with individual cases in accordance with the law, evidence and applicable enforcement policy.

A driver should not assume that a clean record, an early admission or brief use of the device will result in a course being offered.

Changes Introduced in 2017

On 1 March 2017, the penalty for using a handheld mobile telephone while driving was increased from:

• three penalty points to six; and
• a £100 fixed penalty to £200.

The increase was intended to recognise the risks caused by distracted driving and to provide a stronger deterrent.

Changes Introduced in 2022

Earlier legislation had been interpreted as focusing on interactive communication functions, such as calls and messages.

The rules were widened in March 2022 so that the offence covers holding and using a device for virtually any purpose.

This removed arguments that activities such as filming, taking photographs, selecting music or accessing stored information fell outside the offence merely because no communication was taking place.

Are There Any Exceptions?

There are limited statutory exceptions.

Emergency Calls

A driver may use a handheld device to call 999 or 112 in response to a genuine emergency where it is unsafe or impractical to stop.

This exception is narrow. It does not permit ordinary calls merely because the matter feels urgent or stopping would be inconvenient.

Contactless Payments

A handheld device may be used to make a contactless payment where:

• the vehicle is stationary;
• the payment is being made at a contactless payment terminal; and
• the goods or services are being supplied at the same time or immediately afterwards.

This may apply at locations such as a drive-through restaurant or road-toll terminal.

It does not allow a driver to make a general online payment, transfer money or browse an application while stopped in traffic.

Remote Parking

An exception may apply where the device is being used to park the vehicle remotely through an authorised remote-control parking function.

The system must be used in accordance with its design and the driver must remain responsible for safety.

Hands-Free Mobile-Phone Use

A device may be used hands-free if it can be operated without being held at any point during use.

Examples include:

• a Bluetooth system;
• voice commands;
• a dashboard holder;
• a windscreen mount;
• built-in vehicle controls; or
• a properly fitted navigation system.

The device must not obstruct the driver's view of the road or traffic.

Hands-free use is not automatically safe or lawful in every circumstance. A driver may still be prosecuted if the distraction causes poor driving or prevents proper control of the vehicle.

Can You Touch a Phone in a Holder?

The specific handheld-device offence requires the device to be held during use.

However, interacting with a mounted device can still result in prosecution where it causes distraction or affects the standard of driving.

Possible offences include:

• failing to have proper control of the vehicle;
• careless driving;
• dangerous driving;
• causing serious injury by careless or dangerous driving; or
• causing death by careless or dangerous driving.

Navigation, music and other settings should be arranged before starting the journey.

Using a Smartwatch or Other Device

The law is not restricted to conventional mobile telephones.

Depending on how it is held and used, the prohibition can cover devices capable of interactive communication, including:

• tablets;
• sat-nav devices;
• gaming devices;
• two-way communication devices; and
• other equipment capable of sending or receiving data.

Using a smartwatch or another wearable device can also lead to careless or dangerous-driving allegations if it distracts the driver.

Supervising a Learner Driver

A person supervising a learner driver is treated as subject to the handheld mobile-phone restriction.

The supervisor must remain able to observe the road, give instructions and take appropriate action.

Using a handheld device while supervising can result in the same six points and £200 fixed penalty.

Evidence Used by the Police

A mobile-phone allegation may be based on:

• observations by a police officer;
• roadside camera footage;
• CCTV;
• dashcam recordings;
• video supplied by another road user;
• the driver’s admissions;
• telephone records;
• data recovered from the device; or
• evidence obtained following a collision.

The prosecution does not necessarily need to recover or examine the telephone if reliable observations or video evidence establish that it was held and used.

Camera and Technology Enforcement

Police forces increasingly use roadside cameras and other technology to identify drivers holding telephones.

Images may be reviewed before enforcement action is taken to determine whether an offence appears to have occurred.

Technology can assist detection, but the prosecution must still prove the offence to the required criminal standard if the allegation is contested in court.

Employer Responsibility

Employers should not require or encourage employees to use handheld devices while driving for work.

A workplace driving policy may provide that:

• calls must not be answered while driving;
• employees must stop safely before returning calls;
• managers should not expect immediate responses;
• navigation must be set before departure;
• hands-free calls should be limited; and
• incidents must be reported.

Depending on the circumstances, an employer may face regulatory or civil consequences where unsafe working practices contribute to a collision.

Careless or Dangerous Driving

Mobile-phone use can result in a more serious charge where the manner of driving falls below or far below the standard expected of a competent and careful driver.

Relevant factors may include:

• how long the device was used;
• what the driver was doing on it;
• the speed of the vehicle;
• the road and traffic conditions;
• whether pedestrians or cyclists were nearby;
• warnings from passengers;
• previous driving behaviour; and
• whether a collision or near miss occurred.

Prolonged mobile-phone use is identified as an important culpability factor in serious dangerous-driving cases.

Causing Death or Serious Injury

Where distracted driving causes serious injury or death, offences carrying imprisonment may apply.

Causing death by dangerous driving carries a maximum sentence of life imprisonment.

Causing serious injury by dangerous driving carries a maximum sentence of five years' imprisonment.

Causing death by careless driving carries a maximum sentence of five years, while causing serious injury by careless driving carries a maximum of two years.

The driver will also normally face a substantial period of disqualification and may be required to pass an extended driving test.

What if the Telephone Was Not Being Used?

Merely having a telephone in the vehicle is not an offence.

A disputed case may turn on whether the prosecution can prove that the driver:

• was holding the device;
• was using it;
• was driving or supervising a learner; and
• was not covered by a statutory exception.

Statements such as "I was only moving it" or "I was checking the time" require careful consideration against the legislation and available evidence.

Possible Defences

The available defence depends on the facts.

Relevant issues may include:

• the driver was not holding the device;
• the device was not being used;
• the vehicle had been safely parked and the driving had ended;
• the person accused was not the driver;
• the observation or camera evidence is unreliable;
• the device was being used for a qualifying emergency call;
• the contactless-payment exception applied; or
• the prosecution cannot prove the required elements of the offence.

A driver should not provide a false account or fabricate evidence. Doing so can lead to much more serious criminal charges.

Penalty Points and Disqualification

Six points can have serious consequences for drivers who already have points on their licence.

A driver who accumulates 12 or more points within three years will normally face disqualification under the totting-up provisions.

The usual minimum disqualification is:

• six months for a first totting-up ban;
• 12 months where there has been a relevant previous disqualification; or
• two years where there have been two relevant previous disqualifications.

A court may reduce or avoid a totting-up ban where exceptional hardship is established, but ordinary inconvenience or loss of employment is not automatically sufficient.

What to Do if You Receive a Notice

If you receive a notice requiring identification of the driver, a fixed penalty or court papers:

• read the documents carefully;
• respond within the stated deadline;
• preserve any dashcam or telephone evidence;
• record what happened while it remains fresh;
• do not ignore a request for driver information; and
• obtain legal advice before rejecting a fixed penalty or entering a court plea.

Failing to identify the driver can result in a separate offence carrying six penalty points and a substantial fine.

Reducing Mobile-Phone Distraction

Drivers can reduce the risk by:

• putting the telephone out of reach;
• using a driving mode that blocks notifications;
• setting navigation before departure;
• asking a passenger to handle calls or directions;
• stopping safely before using the device;
• avoiding hands-free conversations where concentration is affected; and
• telling callers that responses will be delayed while driving.

Stronger penalties are only one part of prevention. Education, responsible technology, visible enforcement and changing social attitudes are also important.

Finding a Motoring Law Solicitor

Use the search facility at the top of this page to find a solicitor experienced in mobile-phone driving offences, penalty points, driving disqualification and serious road traffic prosecutions.

A solicitor can assess the evidence, advise whether an exception or defence applies and explain the likely consequences of accepting a fixed penalty or going to court.

Disclaimer

Solicitors.com is not a firm of solicitors. This article provides general information about mobile-phone driving law in England, Wales and Scotland and does not constitute legal advice. Separate rules apply in Northern Ireland, and the outcome of a case will depend on the evidence and individual circumstances.

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