Mobile Phone Driving Law UK: Penalties and Exceptions

In England, Scotland and Wales, it has been illegal since 25 March 2022 to hold and use a phone for almost any purpose while driving, not just calls or texts. Northern Ireland has its own, narrower rule. Across the UK the fixed penalty is £200 and 6 points, with a new driver facing an automatic revoked licence.

What Counts as Illegal Use

In England, Scotland and Wales, the law bans holding and using a handheld phone, sat nav, tablet, or any similar device capable of sending or receiving data, while driving. Before 25 March 2022, the offence only covered "interactive communication," such as calls, texts, and internet browsing, which left a loophole for drivers caught filming or taking photos on a handheld phone. The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022 closed that loophole by widening the offence to almost any use of a handheld device while driving, regardless of the reason for holding it.

That means it is illegal to hold your phone to:

• Take a photo or record video
• Scroll through a playlist or change a song
• Check social media, messages, or notifications
• Play a game
• Take a call, even on speakerphone, if you are holding the phone to do it

The offence applies whether the vehicle is in motion or simply "driving" in the legal sense, which includes being stopped with the engine running, not only while the car is moving.

Northern Ireland

Northern Ireland has its own offence, in force since 2004, of driving while using a hand-held mobile phone or similar device. It also applies to anyone supervising a learner driver or rider. nidirect lists two exceptions for a driver: calling 999 or 112 in a genuine emergency where it is unsafe or impracticable to stop, and being safely parked.

The penalty has been £200 and 6 penalty points since 3 February 2021, with a maximum court fine of £1,000 (£2,500 for bus and goods vehicle drivers). A new driver who reaches 6 points within 2 years of passing also loses their licence.

The Department for Infrastructure consulted from 22 May to 14 August 2025 on widening the Northern Ireland offence to cover virtually any hand-held use, as in Great Britain. Check nidirect for the current position before relying on the narrower rule.

What's Still Allowed: Hands-Free Devices

You can use a phone hands-free while driving if it is secured in a cradle or mount and you do not touch it to operate it, for example to make or take a call over Bluetooth, use it as a sat nav, or issue a voice command. The device must not block your view of the road, and you must not need to hold it to interact with it.

Using a phone hands-free does not put you outside the law altogether. Regulation 104 of the Road Vehicles (Construction and Use) Regulations 1986 requires a driver to be in a position to have proper control of the vehicle and a full view of the road at all times, and section 3 of the Road Traffic Act 1988 covers careless and inconsiderate driving. If a hands-free call or a sat nav distracts you enough that your driving suffers, an officer can still stop and prosecute you for careless driving or for not being in proper control of the vehicle, even without any handheld device involved. Hands-free is legal, but it is not a shield against a distraction-related offence.

The Narrow Exceptions

In England, Scotland and Wales, gov.uk lists four situations in which you can hold and use a device:

• A genuine 999 or 112 emergency call, and only when it would be unsafe or impractical to stop first.
• Being safely parked.
• A contactless payment, for example at a drive-through, made using a device while your vehicle is not moving.
• Using the device to park your vehicle remotely.

These exceptions are narrow. Calling a non-emergency number, checking a map before pulling over, or making a payment while the vehicle is still moving are not covered.

Stopped at Lights or in Traffic Still Counts as Driving

A common misunderstanding is that the phone ban only applies while a car is actually moving. It does not. Being stopped at a red light, queuing in traffic, or waiting at a level crossing with the engine running still counts as driving for the purposes of this offence. You can hold and use a phone when the vehicle is safely parked. The ban also applies to anyone supervising a learner driver.

Penalties: Fixed Penalty and Court

Most offences are dealt with by a fixed penalty notice: a £200 fine and 6 penalty points, endorsed on your licence under code CU80. The same £200 and 6 points has applied in Northern Ireland since 3 February 2021. There is no option of a lesser penalty for a first offence, unlike some other motoring offences.

If a case goes to a magistrates' court instead, for example because it is contested, follows a more serious incident, or is a repeat offence, the maximum fine rises to £1,000 for ordinary drivers, or £2,500 for drivers of a lorry, bus, or other goods vehicle. A court can also disqualify a driver from driving, in addition to or instead of a fine and points, depending on the circumstances. Six penalty points alone will not tip most experienced drivers into a totting-up ban, but they count toward the 12-point threshold within 3 years like any other endorsement.

New Drivers and Licence Revocation

A CU80 endorsement carries enough points on its own to be serious for a new driver. Under the Road Traffic (New Drivers) Act 1995 in Great Britain, and the Road Traffic (New Drivers) (Northern Ireland) Order 1998 in Northern Ireland, anyone who reaches 6 or more penalty points within 2 years of passing their first driving test has their licence automatically revoked, and a single mobile phone fixed penalty is enough to do it. A revoked licence must be reapplied for as a provisional licence, and both the theory and practical tests must be passed again before driving unsupervised is allowed. Our penalty points page covers the new-driver rule and other endorsement codes in full.

Related Pages

A mobile phone fixed penalty is recorded as an endorsement like any other motoring offence; see our penalty points page for how codes, totting-up and new-driver revocation work together. If you are weighing up a dash cam to protect yourself on the road, our dash cam laws page covers legality and evidence use. For the points and fines attached to other common offences, see speeding fines. For the full picture of UK motoring law, visit the UK Driving Laws hub and the United Kingdom hub.

This page is for general information only and does not constitute legal advice. If you're facing a mobile phone driving charge, a totting-up ban, or new-driver revocation, get advice from a qualified solicitor about your specific circumstances.

Frequently Asked Questions

Can I use my phone at a red light or stuck in traffic?

No. Being stopped at traffic lights or queuing in traffic with the engine running still counts as driving, so holding and using a handheld phone in that situation is illegal in the same way as while moving.

Is it illegal to hold my phone even if I'm not making a call?

Yes, in England, Scotland and Wales. Since 25 March 2022 the law there covers almost any use of a handheld phone while driving, including taking photos or videos, scrolling through a playlist, checking notifications or playing a game, not only calls and texts. Northern Ireland consulted in 2025 on a similar change; check nidirect for the current position there.

What is the penalty for using a handheld phone while driving?

The usual penalty is a £200 fixed penalty notice and 6 penalty points, recorded under code CU80. A case that goes to court can result in a fine of up to £1,000, or £2,500 for a lorry or bus driver, and possible disqualification.

Can I use my phone hands-free while driving?

Yes, if it is secured in a cradle or mount and you operate it hands-free, for example over Bluetooth or by voice command, without touching it. You can still be prosecuted for careless driving or not being in proper control of the vehicle if a hands-free device distracts you.

What happens if a new driver gets a mobile phone penalty?

A mobile phone fixed penalty carries 6 points, which is enough on its own to trigger automatic licence revocation for a driver within 2 years of passing their test, under the Road Traffic (New Drivers) Act 1995 (in Northern Ireland, the equivalent 1998 Order). They must reapply for a provisional licence and re-sit both driving tests.

Are there any exceptions to the mobile phone driving law?

In England, Scotland and Wales there are four. You can use a handheld device to call 999 or 112 in a genuine emergency where it would be unsafe or impractical to stop, when you are safely parked, to make a contactless payment, such as at a drive-through, while your vehicle is not moving, and to park your vehicle remotely. In Northern Ireland, nidirect lists a genuine 999 or 112 emergency call and being safely parked.

Can I use my phone as a sat nav while driving?

Yes, as long as it is fixed in a cradle or mount and you do not hold or touch it to operate it while driving. It must not obstruct your view of the road.