Drivers are legally allowed to use a mobile phone behind the wheel, provided they adhere to one of the few exceptions.
Typically, being caught using a phone while driving results in a £200 fine and six points on your licence. However, if you meet the criteria for one of the rare exemptions, you could potentially avoid these penalties.
However, it’s crucial to understand the rules that apply to most drivers who will face punishment. For newly qualified drivers who have had their licences for less than two years, getting caught could lead to licence revocation, requiring them to reapply and retake their driving test.
£2,500 fine
In specific situations where mobile phone use affects road visibility or vehicle control, culprits may be given an additional three penalty points.
If the case goes to court, fines can include a driving ban and a penalty of up to £2,500.
Rule 149 of the Highway Code states: “You MUST exercise proper control of your vehicle at all times. You MUST NOT use a hand-held mobile phone, or similar device, capable of interactive communication (such as a tablet) for any purpose when driving or when supervising a learner driver.”
The rule further specifies: “You MUST NOT pick up the phone or similar device while driving to dial a number and then put it in the cradle for the duration of the conversation. You MUST NOT pick up and use your hand-held phone or similar device while stationary in traffic.”
Four exceptions to the rule
The Highway Code does recognise certain exceptions for using a handheld device whilst driving. Specifically, if there is a real emergency and it’s unsafe or impractical to stop your vehicle, you can dial 999 or 112.
There are other exceptions to this rule, but they come with stringent criteria. This includes:
- You need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop
- You’re making a contactless payment in a vehicle that is not moving, for example at a drive-through restaurant
- You’re safely parked
- You’re using the device to park your vehicle remotely
It’s crucial to remember that laws around using a mobile will still apply if you’re:
- queuing in traffic
- supervising a learner driver
- holding and using a device that’s offline or in flight mode
- stopped at traffic lights
- driving a car that turns off the engine when you stop moving
