Using a mobile phone while driving
Holding and using a mobile phone or any hand-held device that can send or receive data while driving is an offence (Road Traffic Act 1988 s.41D and Road Vehicles (Construction and Use) Regulations 1986 reg.110). The fixed penalty is £200 and 6 points; in court the maximum is a £1,000 fine (£2,500 for goods vehicles and buses) with 6 mandatory points and a discretionary ban. New drivers lose their licence at 6 points.
The offence
Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 prohibits driving a motor vehicle on a road while using a hand-held mobile telephone or a hand-held device capable of transmitting or receiving data, whether or not that capability is switched on. Breach is an offence under s.41D(b) of the Road Traffic Act 1988. Using one while supervising a learner who is driving, or causing or permitting someone else to drive while using one, is also an offence (reg.110(2), (3)).
A device is hand-held if it is, or must be, held at some point while being used (reg.110(6)(a)). Since 25 March 2022 "using" expressly includes illuminating the screen, checking the time or notifications, unlocking the device, making, receiving or rejecting a call, sending or receiving any content, taking photos or video, drafting text, and accessing stored data, apps or the internet (reg.110(6)(c)).
Before 2022 the regulation covered only "interactive communication": in DPP v Barreto [2019] EWHC 2044 (Admin) filming with a phone was held not to be "using" it. The 2022 amendment closed that gap.
Still driving
The offence applies when stopped at traffic lights, queuing in traffic, and to devices that are offline or in flight mode. Being safely parked is not driving.
Exemptions
- Calling 999 or 112 in a genuine emergency where it is unsafe or impracticable to stop (reg.110(5)).
- A contactless payment for goods or services received then or later, while the vehicle is stationary, such as at a drive-through (reg.110(5B)).
- Remote-controlled parking within set conditions (reg.110(5A)).
- Emergency service push-to-talk use on an authorised network while on duty (reg.110(5C)).
- Hands-free use: a phone or sat nav in a cradle or windscreen mount, provided the device is never held during use and does not block the view of the road.
Penalties
- Fixed penalty: £200 and 6 points.
- In court (summary only): maximum level 3 fine (£1,000), or level 4 (£2,500) for a goods vehicle or a vehicle adapted to carry more than eight passengers (Road Traffic Offenders Act 1988 Sch.2). 6 points are mandatory; disqualification is discretionary. The Sentencing Council starting point is a Band B fine.
- New drivers: 6 or more points within two years of passing the test means the licence is revoked and the test must be retaken (Road Traffic (New Drivers) Act 1995).
- Points count towards totting up (see Speeding, penalty points and totting-up bans).
Careless or dangerous driving
Phone use, hands-free or not, can also be evidence of careless driving (3-9 points) or dangerous driving (up to 2 years, mandatory ban) (see Dangerous driving, careless driving and causing death or serious injury by driving).
In practice
Cases turn on whether the device was held and how it was used. Early advice matters where an exemption may apply or a new driver's licence is at risk.
Read the full guide on theodorous.uk
Authorities: Road Traffic Act 1988 ss.2, 3, 41D; Road Vehicles (Construction and Use) Regulations 1986 reg.110 (as amended by SI 2022/81 from 25 March 2022 and SI 2024/1084); Road Traffic Offenders Act 1988 ss.34, 35 and Sch.2 Pt I (as amended by SI 2017/104); Road Traffic (New Drivers) Act 1995; DPP v Barreto [2019] EWHC 2044 (Admin); Sentencing Council, Use of mobile telephone while driving guideline; gov.uk, Using a phone, sat nav or other device when driving