What’s the law on using a phone while driving?

The law prohibits the use of handheld phones or sat navs while driving or riding a motorbike. This extends to similar devices such as tablets.

A handheld device is defined as one that “must be held at some point during making or receiving a call or performing any interactive communication.”

 

What actions are prohibited?

The ban on handheld devices while driving includes:

• Sending texts
• Making calls without hands-free
• Using devices for navigation

The law applies even if you are:

• Stopped at traffic lights
• In a traffic queue
• Supervising a learner driver

It remains in effect even if your engine is temporarily off due to an automatic stop-start system.

 

Changes to the law in 2021

From early 2021, it became illegal to pick up and use a phone while driving for any reason.

This new legislation closes loopholes that previously allowed drivers to use phones for activities such as taking photos, videos, or playing games.

Hands-free calls and using phones to make payments at drive-throughs remain legal.

How to use your phone safely on the road

If you need to use a handheld phone

• Stop driving first.
• Park safely and legally, applying the handbrake.
• Switch off the engine.

According to the Highway Code (239), you must switch off your engine when stopped at the roadside. This clarifies that you are not driving and benefits the environment.

 

If you must make or receive a hands-free call

• Preferably, stop driving or let the call go to voicemail.
• If answering is necessary, keep the conversation brief and suggest calling back when you can safely stop.
• For work-related calls, follow your employer’s policy on phone use while driving.

 

Calling someone who may be driving

Before continuing a call, ask:

• Are you driving?
• Is it safe to talk?
• Would you prefer to call back when you’ve stopped?

Avoid distracting others while they are on the road.

 

Penalties for using a phone while driving

Even if driving safely, using a handheld phone while driving carries penalties.

Hands-free use is legal, but if it causes distraction or loss of control, penalties can still apply.

You may face a court summons if:

• You reject a Fixed Penalty Notice.
• The police deem the offense severe enough to bypass a fixed penalty.

 

Offense	Maximum Fine	Penalty Points
Fixed penalty for ‘not in control’ with hands-free	£100	3
Court penalty for ‘not in control’ with hands-free	£1,000 (or £2,500 for buses/goods vehicles)	3 or discretionary disqualification
Fixed penalty for handheld use	£200	6
Court penalty for handheld use	£1,000 (or £2,500 for buses/goods vehicles)	6 or discretionary disqualification

 

Penalties for accidents caused by phone use

If phone use results in poor driving or an accident, you could face prosecution for:

• Careless driving
• Dangerous driving
• Causing death by careless driving
• Causing death by dangerous driving

In cases of fatalities, fines are higher, and imprisonment is likely.

 

Employer Responsibility

Employers could be prosecuted if they:

• Encourage or permit phone use while driving.
• Require calls during driving hours.
• Install phones leading to distracted or dangerous driving.

 

Penalties for Cyclists

While cycling with a handheld phone isn’t explicitly illegal, cyclists can face prosecution for dangerous or careless cycling if distracted.

 

Are there exemptions?

There are limited exceptions to the handheld phone ban:

• Emergency calls to 999 or 112 are permitted if stopping first is unsafe or impractical.
• Use of two-way radios is allowed, but other data-sending devices are prohibited.