Mobile Phone Driving Law UK: Penalties & Rules

Overview

The offence of driving while using a hand-held mobile phone sits within the Road Traffic Act 1988 and is given practical shape by Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986. Following changes that came into force in March 2022, the scope of what counts as 'using' a device was widened considerably.

It is no longer limited to interactive communication such as calls or texts. The current position captures virtually any standalone function performed on a hand-held phone or similar device while driving, including taking photos or video, scrolling through playlists, unlocking the screen, checking the time, or playing a game.

The offence applies whenever a person is driving on a road, and the courts have consistently treated 'driving' broadly. That includes stationary moments in traffic, at lights, or when a stop-start system has cut the engine. The only clearly accepted exceptions are a genuine 999 call where stopping is unsafe or impractical, and using a device to make a contactless payment at a drive-through where the vehicle is stationary.

Key steps

1. Keep the phone out of your hand. If the device is hand-held while you are driving, the offence is generally made out. Mount the phone in a cradle on the windscreen or dashboard before you set off, and make sure the mount does not obstruct your view of the road.
2. Set up hands-free before moving. Pair your phone with the car's Bluetooth or a hands-free kit while parked. Although hands-free use is not automatically illegal, you can still be prosecuted for careless driving if your attention drifts, so keep interactions brief.
3. Treat traffic stops as driving time. The law applies when you are stopped at lights, crawling in a queue, or waiting at a junction with the engine running or in auto stop-start mode. If you genuinely need to use a phone, pull over somewhere safe, switch off the engine and remove the key.
4. Know the exceptions and do not stretch them. A 999 call is permitted only where it is unsafe or impractical to stop, and contactless payments are permitted only when stationary at a point of payment such as a drive-through. Anything beyond these narrow situations risks prosecution.
5. Respond properly if you are stopped. If a police officer issues a fixed penalty notice, you generally have a set window to accept it or request a court hearing. Check gov.uk for the current response period and think carefully before pleading, particularly if you are a new driver or a professional driver.