Mobile Phone Driving Law UK: Penalties and Exceptions

Since 25 March 2022 it has been illegal to hold and use a phone for almost any purpose while driving, not just calls or texts. The fixed penalty is £200 and 6 points, with a new driver facing an automatic revoked licence.

What Counts as Illegal Use

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.

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

Only two situations let you hold and use a device while driving:

• A genuine 999 or 112 emergency call, and only when it would be unsafe or impractical to stop first.
• A contactless payment, for example at a drive-through, made using a device while your vehicle is safely stationary.

Both 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. The only situation in which you can legally pick up and use a handheld phone is when the vehicle is safely parked with the engine switched off, or you are supervising a learner driver and it is a genuine emergency.

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. 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, 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.