Using a hand-held mobile phone while driving
It is an offence to drive, or supervise a learner driver, while using a hand-held mobile phone or other device that can send or receive data, for any purpose. That includes filming, scrolling, checking the time or playing music, and applies while stopped at lights or queuing in traffic.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Mobile phone driving offence, Using a phone at the wheel, CU80 |
|---|---|
| The law | Road Vehicles (Construction and Use) Regulations 1986, regulation 110 |
| Where it is tried | summary only. The offence is dealt with by fixed penalty or in the magistrates' court. |
| Maximum penalty | A fine of up to £1,000 (level 3), or up to £2,500 (level 4) for a goods vehicle or a vehicle adapted to carry more than eight passengers, plus 6 penalty points and a possible discretionary ban. The usual fixed penalty is £200 and 6 points. |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- The defendant was driving a motor vehicle on a road, or supervising a learner driver who was driving.
- They were using a mobile phone or another device capable of transmitting and receiving data, whether or not it was online.
- The device was held in their hand at the time.
- No exemption applied, such as a genuine emergency call to 999 or 112 when it was unsafe to stop, contactless payment while stationary, or remote parking.
Defences and common issues
- The device was not hand-held, for example it was in a cradle and used hands-free.
- You were not driving at the time, for example you were safely parked.
- Emergency exemption: you were calling 999 or 112 in a genuine emergency and it was unsafe or impractical to stop.
- The officer's identification of what was in your hand, or whether you were using it, can be disputed on the evidence.
Frequently asked questions
What is the penalty for using a phone while driving?
The usual penalty is a £200 fixed penalty and 6 penalty points. If the case goes to court, the maximum fine is £1,000, or £2,500 if you were driving a lorry, bus or coach, and the court can also ban you. Because it carries 6 points, drivers who passed their test within the last 2 years will lose their licence under the new-driver rules. Drivers with existing points can quickly reach the 12-point totting-up ban.
Is it illegal to use my phone at traffic lights?
Yes. The law applies whenever you are driving, which includes being stopped at traffic lights, queuing in traffic, or sitting in a car whose engine has switched off automatically. It also applies to someone supervising a learner driver. You can only use a hand-held device if you are safely parked, making a contactless payment while stationary, parking remotely, or calling 999 or 112 in a genuine emergency when it is unsafe or impractical to stop.
Can I use my phone as a sat nav?
Yes, as long as you do not hold it. You can use a phone for navigation if it is in a cradle or holder and you use it hands-free, for example with voice commands, and it does not block your view of the road. If you pick it up to change the route or unlock it, that is illegal. Even when using a device hands-free, you must stay in full control of the vehicle, and police can prosecute if you are distracted.
Is hands-free phone use completely legal?
Hands-free use is not banned, but it is not a guaranteed defence. You must not hold the device at any point, and you must stay in proper control of the vehicle with a full view of the road. GOV.UK says you can get 3 penalty points for not having proper control. If a hands-free call or screen distracts you and your driving falls below the expected standard, you could also be prosecuted for careless or dangerous driving.
Does the law cover devices other than phones?
Yes. The rules cover any hand-held device that can send or receive data, such as tablets, sat navs and some smart devices, whether or not the data function is switched on. Using one includes making calls, texting, taking photos or videos, browsing, playing music or games, and checking notifications or the time. Two-way radios are excluded. The law was widened in 2022 to cover offline use, so it no longer matters whether the device is connected.
Work out your penalty points, totting-up and ban risk.
Penalty points calculator →Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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