Using A Mobile Phone While Driving

It’s not illegal to use a phone via a hands-free device. This includes:

• A Bluetooth headset
• Voice command
• A dashboard holder.

However, you must not touch or hold the phone whilst driving.

If you’re parked up, safely and legally, you can use your phone.

You should never use your phone while stopped in situations like a red traffic light or while in traffic. You’ll still be classed as driving.

Yes, it’s fine to use your phone as a sat nav while driving.

But if the phone obstructs your view, you touch or hold your phone, you’re committing an offence.

The laws around using a mobile phone while driving go further than if the driver is using their phone. There are three offences that are covered:

• The use of a mobile phone by the driver
• Causing or permitting the use of a phone by the driver
• Supervising a provisional licence holder while using a mobile phone.

The law also covers the use of any interactive communication device held in the hand whilst driving. This could be:

• A laptop
• A tablet
• An iPad
• Other handheld computers.

You can be charged with driving whilst using a mobile phone for the following uses:

• Illuminating the screen
• Checking the time
• Checking notifications
• Unlocking the device
• Making, receiving, or rejecting a telephone or internet-based call
• Sending, receiving or uploading oral or written content
• Sending, receiving or uploading a photo or video
• Utilising camera, video or sound recording functionality
• Drafting any text
• Accessing any stored data such as documents, books, audio files, photos, videos, playlists, notes or messages
• Accessing an application
• Accessing the internet.

A Fixed Penalty for using a mobile phone whilst driving is six penalty points and a fine of £200.

If you challenge the case and you’re found guilty, you’ll receive six penalty points, and you’ll be fined up to £1,000.

If you’re a new driver, having passed your test less than two years ago, six penalty points will cause your licence to be cancelled. You’ll be required to retake your theory and practical driving tests.

If you’re an experienced driver with six or more penalty points on your licence already, six more points will cause you to be at risk of a six-month minimum disqualification.

We’ll review all the documentation in respect of your case and take your full instructions on what happened. We’ll advise your options, including whether we can negotiate a guilty plea to a lesser charge which carries three penalty points instead of six penalty points.