Using phone while driving: rules and penalty

Your phone buzzed. You picked it up for two seconds. Now you’re facing six penalty points and a £200 fine. The reality? UK mobile phone laws have become increasingly complex where even hands free use can land you in court, and using phone while driving now covers activities most drivers don’t realise are illegal. Whether you’ve been caught or want to avoid becoming another statistic, knowing exactly where the law draws its lines could save your licence. For any driving and motoring offence involving mobile phones, consult a specialist criminal law solicitor.

Read on to discover what’s legal when using phone while driving.

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What’s legal vs illegal when using phone while driving?

The mobile phone ban started innocently in 2003: just don’t hold your phone to make calls. Fast forward to 2025, and the law now treats your smartphone like a weapon of mass distraction. What changed everything?

Legislative timeline

• 2003: Handheld calls banned while texting remained legal for drivers.
• 2007: Texting added to prohibited list alongside traditional voice calls.
• 2017: Penalties doubled to £200 fines and six penalty points per offence.
• 2022: Complete ban on all interactive communication functions while driving.

The law evolved because technology did, and lawmakers got fed up with creative interpretations. Think using phone while driving just means calls and texts? Think again. The current law bans ANY interactive communication function, which lawyers interpret broadly enough to catch almost everything you actually want to do with your phone.

The complete banned list

• Making or receiving handheld calls.
• Internet browsing: news, weather, sports scores.
• Using your phone as a torch, calculator, or camera.
• Social media: scrolling, posting, liking, commenting.
• Shopping and apps: Amazon, banking apps, dating apps.
• Music control: changing playlists, selecting tracks manually.
• All messaging: texts, WhatsApp, Messenger, Snapchat, emails.
• Games and entertainment: Candy Crush, YouTube, Netflix, TikTok.
• Photography and video: selfies, filming, even taking photos of accidents.

What’s still legal – hands free activities

• Voice calls through Bluetooth or car systems.
• Listening to music, podcasts, or GPS directions.
• Voice commands (“Call John”, “Navigate home”).
• Emergency 999 calls when stopping is dangerous.

Can I touch my phone in a cradle while driving UK?

Limited touching is allowed when properly mounted:

• Brief music controls.
• Single touch to answer/end calls.
• Starting pre-programmed navigation.

But you CANNOT type addresses, read messages, or browse apps, even when cradled.

Fine for using phone while driving: Complete penalty breakdown and long-term consequences

What is the fixed penalty for driving a vehicle while using your handheld mobile phone? The standard punishment is £200 and six penalty points. But that’s just the beginning of your problems.

Current penalty structure

• Standard fine: £200 fixed penalty notice
• Penalty points: Six points on your licence (doubled from three in 2017)
• Court fines: Up to £1,000 for car drivers if you fight and lose
• Professional drivers: Up to £2,500 fines for lorry, bus, and coach drivers
• New drivers: Automatic licence revocation with six points

How many points for driving on phone becomes critical when you’re near the 12-point totting-up limit? Six points can push many drivers over the edge into automatic disqualification.

The totting-up system

• 12 points in three years: Automatic six-month driving ban minimum.
• New drivers: Licence revoked immediately at six points; must retake both tests.
• Points duration: Remain on licence for four years from conviction date.
• Professional licences: Additional DVSA scrutiny and potential vocational restrictions.

Insurance premium explosions – the hidden penalty

Being caught triggers insurance consequences that dwarf the initial fine. Expect premium increases of 15-30% annually for up to five years.

Insurance impact breakdown

• Immediate effect: Current insurer may cancel your policy.
• Renewal shock: Premiums increase substantially for convicted drivers.
• Limited options: Many insurers refuse phone driving conviction holders.
• Long-term cost: Total additional insurance costs often exceed £3,000.
• Disclosure period: Must declare conviction for five years.

Professional driver career destruction

Caught professional drivers face consequences extending far beyond personal motoring.

Employment implications:

• Immediate dismissal: Many employers have zero-tolerance policies.
• Fleet insurance: Exclusion from company vehicle schemes.
• Future employment: Enhanced background checks show driving convictions.
• Vocational licensing: Potential CPC (Certificate of Professional Competence) implications.
• International work: Some countries restrict entry for driving conviction holders.

Can you escape the mobile phone driving fine? Legal defences and exceptions

Most drivers assume phone driving charges are automatic convictions. Wrong. Several legitimate defences exist, but they’re narrower than most people think.

Emergency situations – the only bulletproof defence

The law allows handheld phone use in genuine emergencies when stopping would be unsafe or impossible.

Valid emergency defences:

• 999 calls: Police, fire, ambulance services for life-threatening situations.
• Safety situations: When stopping would create greater danger to road users.
• Medical emergencies: Driver or passenger requiring urgent medical assistance.
• Crime reporting: Witnessing serious crimes requiring immediate police notification.

Technical defences that actually work

Smart legal challenges can demolish prosecution cases when police make procedural errors.

Proven technical defences:

• Device disputes: Proving the object wasn’t actually a mobile phone.
• Evidence gaps: Police failing to prove which specific function you were using.
• Observation errors: Challenging officer’s view, distance, or identification of device.
• Procedural failures: Incorrect legal notices, timing errors, or documentation mistakes.
• Definition disputes: Arguing you weren’t “driving” (engine off, handbrake on, out of traffic).

Useless defences that always fail

• “It was only for two seconds”: Duration is completely irrelevant to guilt.
• “It was work-related”: No emergency exemption exists for business calls.
• “I was hands-free”: Only works if you genuinely never touched the device.
• “I was stationary in traffic”: Engine running = driving, regardless of movement.
• “The phone was broken”: Courts assume functioning unless proven otherwise.
• “I didn’t know the law changed”: Ignorance isn’t a defence in any circumstances.
• “I was using it as a sat-nav”: Still illegal unless properly mounted and pre-programmed

FAQs

• Is it legal to use hands free phone while driving? Hands free calls through Bluetooth or car systems remain legal. However, you can still be prosecuted for careless driving if the conversation causes dangerous driving behaviour or accidents.
• Can you touch your phone while driving at all? Only if your phone is properly mounted in a cradle AND you’re making minimal touches like answering calls or starting pre-set navigation. Handheld phone touching is always illegal. Emergency 999 calls are the only exception when stopping would be dangerous.
• What about driving with phone in hand but not using it? Simply holding your phone while driving violates the law, even if you’re not actively using it. Police don’t need to prove you were interacting with the device.

UK mobile phone driving laws have evolved into a comprehensive legal framework with severe consequences. Being caught on phone driving now carries £200 fines, six penalty points, and long-term insurance implications that can cost thousands over time.

Protect your licence!

Qredible’s network of specialist driving and motoring offence solicitors have successfully defended thousands of phone driving cases across the UK.

KEY TAKEAWAYS

• Using phone while driving now covers all interactive functions including calls, texts, social media, photography, and apps, with only hands free systems and emergency 999 calls remaining legal under UK law.
• Current fine for using phone while driving stands at £200 plus six penalty points, with new drivers facing automatic licence revocation and insurance premiums increasing substantially for years.
• Emergency situations provide the only reliable legal defence, while technical challenges require specialist legal expertise to identify and present effectively in court.