Mobile Phone Driving Laws UK: The 6 Point Trap

#The headline rule

It is illegal to hold and use a mobile phone, sat nav, tablet or any other handheld electronic device while driving in the UK, including at the lights, in queues, or with the engine running on a public road. The penalty is £200 and 6 points on the licence. The same rule applies to learner drivers and to anyone supervising a learner.

#The 2022 change in plain English

Before March 2022 the law required the police to prove the phone was used for an interactive communication function (calls or texts). After 2022, almost any use counts, including taking a photo, browsing a playlist, scrolling social media, swiping to unlock, or even checking the time. The new wording closed several loopholes that defence lawyers had used to get cases thrown out.

The only specific exception is using the phone to call 999 in a genuine emergency where it is unsafe or impractical to stop. There is also a narrow exception for contactless payment at a drive through, only when the vehicle is stopped.

#What does and does not count as use

The line between legal and illegal use is sharper than it sounds. The simple test: if the phone is in your hand for any reason while you are in charge of a moving or running vehicle, you are committing the offence.

• Holding the phone to take a quick photo of a sunset: illegal.
• Holding the phone to scroll through Spotify on a long drive: illegal.
• Holding the phone at a red light to read a text: illegal.
• Phone mounted on a windscreen or dash holder, used by voice or with a single tap: legal.
• Phone in a cradle being used as a sat nav: legal, provided you do not handle it.
• Earpiece for hands-free calling: legal, but careless driving still applies if it distracts you.

#Hands-free is not always safe

Even fully legal hands-free calls can lead to a careless driving prosecution if the call distracts you and your driving suffers. Police can stop you for poor lane discipline or weaving, then ask whether you were on a call. Insurers also factor it in after a crash. Treat hands-free as a tool to keep, not a guarantee of safety.

#How police catch phone use

Most cases come from police patrols spotting the offence directly. In recent years, motorway patrols have used unmarked HGV cabs with high seats to look down into car cabins. Some forces also use camera systems with AI image recognition mounted on bridges, with secondary review by an officer.

After a serious collision, police can request mobile network records to check whether the phone was active at the moment of impact. Telematics insurance also records phone usage in many policies, and that data can be subpoenaed by police.

#Penalties and consequences

The penalty for a first offence under the new rule is £200 and 6 points, issued as a Fixed Penalty Notice. For more serious cases (a near miss, reckless driving alongside the phone use, or a second offence) the police can refer to court instead, where a fine of up to £1,000 and a longer ban can apply.

For new drivers within their first two years, 6 points means automatic licence revocation under the Road Traffic (New Drivers) Act. There is no court hearing and no negotiation. You go back to the start: provisional licence, theory test, practical test, all of it.

#How phone offences affect insurance

A CU80 endorsement (using a mobile phone while driving) carries 6 points and stays on the licence for four years. Most insurers raise premiums by 30 to 60% at the next renewal. Some specialist insurers will not quote at all in the first 12 months after the offence. The endorsement must be disclosed for at least five years on standard insurance disclosure questions.

#How to set up your car the right way

A good cradle and a few habits remove the temptation entirely. The setup costs less than a single ticket and lasts for years.

• Buy a phone holder that mounts on the dashboard or vent, not the windscreen, to keep your view clear.
• Set your sat nav before you move. Do not edit the destination while driving.
• Use voice assistants for calls, messages and music selection. Most modern phones support hands-free voice with one tap.
• Turn on Driving Mode (or Apple Focus) so notifications stop arriving while you drive.
• Keep the phone out of grabbing reach when you stop at lights, so the urge to check it does not arise.

#The bigger picture

Around 30 to 40 deaths per year in the UK are linked to driver phone use, and many more serious injuries. The 2022 rule change was driven by repeated cases where families of victims watched defendants walk free on technicalities about texts versus calls. The current law is intentionally tight. For wider context on the laws that catch new drivers, see licence points and disqualification and speeding tickets UK. The young driver insurance UK guide covers how endorsements move premiums up. For more on the daily habits that keep you legal, see the first month after passing guide.