Many of us are in the habit of automatically reaching for our phones as soon as it rings or pings, or simply to fill an idle couple of minutes scrolling through social media. However, if you happen to be behind the wheel (even when stationary) you could be committing a serious offence. Here’s what the law says.
The law on mobile phone use while driving
The law makes it an offence to use a hand-held mobile phone while driving, or even while sitting in traffic or stopped at lights with the engine running. The law still applies if you are in a vehicle that automatically turns off the engine when you stop. It also applies to people who are supervising a learner driver.
This includes making calls, sending texts, taking photos, or scrolling through apps, or using your phone as a sat nav if it’s not secured in a proper holder. To do any of these actions legally in a vehicle, you must be safely parked.
Even momentary use — such as unlocking your phone at the lights — can result in prosecution. The only exceptions are for genuine emergencies, such as dialling 999 or 112 when it is unsafe to stop, or making contactless payments at drive-throughs (as long as the vehicle is stationary).
However, you can use devices with hands-free access such as voice commands or a Bluetooth headset. You must not hold the device at any time while you are using it, and if police believe you are distracted even when carrying out hands-free actions, they may still decide to prosecute you.
The penalties in 2025
The penalties for using a mobile phone while driving are strict:
- Six penalty points on your licence
- A £200 fixed penalty fine
- If the matter goes to court, fines of up to £1,000 (or £2,500 for lorry and bus drivers)
- A possible driving ban for repeat offences or serious cases
For new drivers, the stakes are even higher. Accumulating six points in your first two years after passing your test leads to automatic revocation of your licence. You’ll need to reapply for a provisional licence and re-take both parts of your driving test.
Why the courts take it seriously
Driving while using a phone is classed as “distracted driving,” which is a major cause of accidents and fatalities on UK roads. Courts take a strict approach, particularly for professional drivers such as taxi drivers, delivery drivers, and HGV operators. For them, losing a licence can mean losing a career.
Repeat offenders are at risk of a totting-up ban once they reach 12 points on their licence within three years. This results in a minimum six-month disqualification unless you can successfully argue that losing your licence would cause exceptional hardship.
What to do if you’re charged
If you’ve been caught using your phone behind the wheel, don’t ignore it. Seeking early legal advice can make a significant difference to the outcome. A solicitor specialising in motoring offences can assess whether the evidence against you is strong enough for a conviction, or represent you in court and argue to reduce penalties or avoid disqualification.