Using a Mobile Phone While Driving in the UK: Law, Penalties and Legal Defence

What Does the Law Say About Using a Mobile Phone While Driving?

In England and Wales, the offence of using a hand-held mobile phone while driving is governed by the Road Vehicles (Construction and Use) Regulations 1986 and related road traffic legislation. 

A driver may commit an offence if they hold and use a mobile phone or other covered hand-held device while driving.

The law applies not only when the vehicle is moving, but also when a driver is: 

• Stopped in traffic 
• Waiting at traffic lights 
• Supervising a learner driver 

The purpose of the law is to reduce driver distraction and improve road safety.

Since March 2017, the penalties for this offence were increased to include six penalty points and a £200 fine, reflecting concerns about distracted driving and road safety risks.  

What Counts as Using a Mobile Phone While Driving?

The law applies to hand-held use of a phone or similar communication device. 

Examples of prohibited behaviour include: 

• Making or receiving calls 
• Sending text messages 
• Using messaging apps 
• Browsing the internet 
• Taking photographs or videos 
• Using social media 
• Recording video content 

Even briefly holding a phone while driving may be sufficient for an offence to be committed. 

The key issue in many cases is whether the device was hand-held, whether it was being used and whether the person was driving at the time.

When is Mobile Phone Use Allowed While Driving?

There are limited situations where using a mobile phone may be permitted. 

For example: 

• Calling 999 or 112 in a genuine emergency 
• When it is unsafe or impractical to stop the vehicle 

Drivers may also use hands-free devices, such as: 

• Bluetooth systems 
• Dashboard mounts 
• Voice-activated controls 

However, even where hands-free technology is used, a driver must remain in proper control of the vehicle. If police believe the driver was not in proper control, a separate offence may be considered.

Drivers should set up any navigation, music, or call functions before starting the journey.

How Police Prove a Mobile Phone Driving Offence

Mobile phone offences are often detected through police observation.

Evidence may include: 

• An officer seeing the driver holding or using a phone
• Roadside stop evidence
• Officer statements
• Body-worn camera footage
• CCTV or dashcam recordings
• Photographs or video evidence 

In many cases, the prosecution will rely heavily on the evidence of the officer who observed the incident.

If the matter proceeds to court, the prosecution must prove the offence beyond reasonable doubt. 

Possible Legal Defences for Mobile Phone Driving Allegations

Although many drivers accept a fixed penalty, there are situations where a mobile phone driving allegation may be challenged.

Potential defence issues may include:

The Device Was Not a Mobile Phone

The prosecution must prove the device was a hand-held mobile phone or interactive communication device. 

If the device was something else, such as: 

• A voice recorder 
• A music device 
• A sat-nav unit 

the offence may not be made out. 

The Phone Was Not Being Used

In some cases, it may be argued that the phone was not being used for communication purposes. 

Each case will depend on the specific evidence available. 

Incorrect Police Observation

In busy traffic conditions, mistakes can occur. 

The defence may challenge whether the officer clearly saw: 

• The driver holding a phone 
• The device being used 

Procedural or Evidence Issues

Where a case proceeds to trial, the defence may also examine: 

• Prosecution evidence disclosure 
• Witness statements 
• Video evidence 
• Procedural compliance 

These factors can affect the strength of the prosecution case.

How a Motoring Defence Solicitor Can Help

Being accused of using a mobile phone while driving can put your licence and livelihood at risk.

Specialist motoring defence solicitors can: 

• Assess the strength of the prosecution case 
• Advise whether to accept a fixed penalty 
• Represent you in court if required 
• Present mitigation to reduce penalties 
• Challenge weak or inaccurate evidence 

For drivers facing totting-up disqualification, new driver revocation, or court proceedings, early legal advice can be particularly important.

A solicitor experienced in motoring offences can help you understand the available legal options and represent your interests throughout the process. 

If you are facing a mobile phone driving allegation and are concerned about the impact on your licence or employment, seek legal advice as early as possible.