Using a hand-held mobile phone while driving
It is an offence to use a hand-held mobile phone or other device that can send or receive data while driving a motor vehicle on a road, even when stopped at lights or in traffic. Since 25 March 2022 almost any hand-held use is covered. The usual penalty is £200 and 6 points.
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 offence, Driving while using a phone, CU80 |
|---|---|
| The law | Road Traffic Act 1988, section 41D and Road Vehicles (Construction and Use) Regulations 1986, regulation 110 |
| Where it is tried | a summary-only offence. Most cases are dealt with by a conditional offer of a fixed penalty; cases that go to court are usually heard in the Justice of the Peace court under summary procedure. |
| Maximum penalty | A fine of up to £1,000 (£2,500 for a goods vehicle or a vehicle adapted to carry more than eight passengers), 6 penalty points and discretionary disqualification. The fixed penalty is £200 and 6 points. New drivers within two years of passing their test have their licence revoked when they reach 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 accused drove a motor vehicle on a road, or supervised a learner driver who was driving.
- They used a hand-held mobile phone or other device capable of sending and receiving data (other than a two-way radio).
- Use covers almost any interaction, including unlocking the device, checking the time or notifications, making or rejecting calls, taking photos, playing music or accessing any app or the internet.
- The device was held at some point while it was being used.
Defences and common issues
- Emergency exception: calling 999 or 112 in a genuine emergency when it was unsafe or impracticable to stop.
- Contactless payment exception: paying for goods or services received at the same time or later, while the vehicle is stationary.
- Remote parking exception: using the device only to operate a remote-controlled parking function within the legal limits.
- The phone was not hand-held (for example, fixed in a cradle and used hands-free) or the accused was not driving, such as when safely parked.
Frequently asked questions
Can I use my phone at traffic lights or in a traffic jam?
No. You are still driving while stopped at traffic lights, queuing in traffic or waiting at a junction, so the hand-held phone ban still applies. It is only safe to use a hand-held phone when you are safely and lawfully parked. Since 25 March 2022 the law covers almost any hand-held use, including checking notifications, scrolling music, taking photos or unlocking the phone, not just calls and texts.
Can I use my phone as a sat nav in Scotland?
Yes, provided it is not hand-held. The phone should be secured in a cradle or holder that does not block your view of the road, with the route set before you set off. Using it hands-free, for example by voice command, is not the hand-held offence. If you pick up the phone to change the route or zoom the map while driving, that counts as use of a hand-held device and is an offence.
What is the penalty for using a phone while driving in Scotland?
The usual penalty is a fixed penalty of £200 and 6 penalty points. If the case goes to court, the fine can be up to £1,000, or £2,500 for lorry and bus drivers, and the court can disqualify you. Six points count towards the 12 point totting-up limit, which usually leads to a ban of at least six months. The same law applies across Great Britain, so the penalties in Scotland match those in England and Wales.
What if I have only recently passed my driving test?
Under the new drivers rules, if you reach 6 or more penalty points within two years of passing your first driving test, your licence is revoked. A single hand-held phone offence carries 6 points, so one conviction or accepted fixed penalty is enough. You would then have to apply for a provisional licence and pass both the theory and practical tests again. Points from before you passed the test can also count if they are still valid.
Can I get in trouble for using a phone hands-free?
Hands-free use is not the hand-held phone offence, but it is not a free pass. If a phone call or device distracts you so that you are not in proper control of the vehicle, you can be charged with not being in proper control (3 points) or with careless or dangerous driving, depending on how bad the driving was. Police can look at phone records after a collision. Supervising a learner driver while using a hand-held phone is also an offence.
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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