Mobile Phone Driving Law in the UK: Rules, Penalties and Legal Defences

What the Law Says About Using a Mobile Phone While Driving

The main law governing this offence is found in Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986. 

The law makes it an offence to use a hand-held mobile phone, or another covered hand-held device, while driving on a road.

The rules apply whenever a driver is: 

• Operating a moving vehicle 
• Temporarily stationary in traffic 
• Waiting at traffic lights 
• Supervising a learner driver 

Government guidance on the offence is available from GOV.UK. 

The law has been strengthened in recent years to deal with drivers holding and using smartphones and similar devices behind the wheel.

What Counts as “Using a Mobile Phone” While Driving?

The law is broader than many drivers realise. It is not limited to making calls or sending messages.

A driver may commit an offence if they hold and use a phone or similar device for activities such as:

• Making or receiving calls
• Sending or reading messages
• Browsing the internet
• Taking photos or videos
• Scrolling through music playlists
• Using apps or social media 

The key issue is usually whether the device was hand-held and being used while driving.

Penalties for Using a Mobile Phone While Driving

Drivers caught using a handheld mobile phone typically face: 

• 6 penalty points on their driving licence 
• A financial penalty. 

However, more serious consequences may apply in certain circumstances. 

For example: 

• Drivers who already have penalty points may risk a totting-up disqualification
• New drivers may have their licence revoked under the New Drivers Act
• Cases involving dangerous or careless driving may lead to court proceedings

If the case goes to court, the financial penalty may increase and the court may consider further sanctions depending on the circumstances.

Are There Any Exceptions to the Mobile Phone Driving Law?

There are limited exceptions to the rule.

Drivers may use a hand-held phone to call 999 or 112 in an emergency if it is unsafe or impractical to stop.

There is also a limited exception for certain contactless payment situations, such as paying at a drive-through or road toll while the vehicle is stationary.

These exceptions are narrow. Drivers should not assume they can use a phone simply because the vehicle has stopped briefly or the use feels minor.

How Police Enforce Mobile Phone Driving Offences

Police officers may detect offences through a number of methods. 

Common examples include: 

• Officers observing drivers using phones while on patrol
• Roadside traffic stops
• Roadside enforcement operations
• Camera or video evidence
• Evidence from other road users

In some cases, the evidence may include officer statements, photographs, video footage, or other material showing the driver holding or interacting with a phone.

Once an offence is alleged, the driver may receive a Fixed Penalty Notice or be required to attend court.

Possible Legal Defences for Mobile Phone Driving Charges

Although many cases are dealt with by fixed penalty, there are situations where a driver may wish to challenge the allegation.

Possible defence arguments may involve: 

• Whether the phone was actually being used
• Whether the device was hand-held
• Whether the person was driving at the time
• Whether the correct driver has been identified
• Whether an exception applies
• Whether the prosecution evidence is reliable 

Every case depends on its facts, and careful legal analysis is often needed to determine whether a defence is available.

How a Criminal Defence Solicitor Can Help

Motoring offences can have serious consequences, particularly for drivers who rely on their licence for work or family responsibilities.

An experienced criminal defence solicitor can: 

• Review the evidence in the case
• Advise on whether the allegation can be challenged
• Represent you in court if required
• Present legal arguments about your position and licence

Legal advice can be particularly important if a driver is at risk of disqualification, licence revocation, or court proceedings.

Speak to a Criminal Defence Solicitor

If you have been accused of a mobile phone driving offence, it is important to understand your legal position and the options available.

Our Motoring Offences solicitors represent clients in road traffic cases across England and Wales. We can assess the evidence, explain the potential consequences and provide clear advice tailored to your circumstances.

Contact our team today to discuss your situation and obtain expert legal advice.