Driving whilst using a mobile phone

Using mobile phones while driving is a road traffic offence under the Road Traffic Act 1988.

Driving whilst using a mobile phone FAQ

A: You will most likely receive points on your license and a fine which can be a significant amount.

Driving whilst using a mobile phone in Scotland

If you’ve been charged with using a mobile phone whilst driving then you’re facing 6 penalty points and a £200 fine.  

It could be much worse than that if you already have 6 points on your licence because you’ll be facing a totting up ban.

But there’s a lot of misinformation out there so it’s worth checking with a road traffic lawyer if you receive notice that you have been caught using a mobile phone whilst driving.  

For instance, many people think simply holding a phone is an offence. Make sure you speak to one of our specialist solicitors for free advice to get the facts on the penalties for driving while using a mobile phone.

What is the law about using mobile phones while driving?

It is illegal to hold a phone or sat-nav while driving. You must have hands-free access such as:

● A Bluetooth headset

● Using voice command

● A dashboard holder or mat

● Fixed to a windscreen mount

● A built-in sat-nav.

You must not block your view of the road or the traffic ahead.

The laws on driving while using a mobile phone apply even if you are:

● Stopped at traffic lights

● Queueing in traffic

● Supervising a learner driver

The police can stop you if they think you are not in control. Driving whilst using a mobile phone can distract you. This can lead to dangerous circumstances on the road which is why you can be prosecuted.

When am I allowed to use my phone in my car?

You can only use your phone in a car if you are safely parked or you need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop.

What are the penalties for using mobile phones while driving?

● The penalties for using a mobile phone whilst driving are 6 points and a £200 fine.

● If you passed your driving test in the last 2 years and you are caught driving whilst using a phone, you will lose your licence.

● If you are using your phone as a sat-nav and you don’t have full view of the road or traffic ahead, you will be issued 3 penalty points through a fixed penalty notice.

● You can also be taken to court where you can be banned from driving/riding and receive a fine of £1000. Lorry or bus drivers can get a £2,500 maximum fine.

If you receive a fixed penalty notice for driving while using a mobile phone it’s worth calling a solicitor. Often things aren’t clear cut.

As road traffic solicitors we’re happy to give you advice for free. We’ll take a look at your particular circumstances and your case papers to see if it can be proved in law. You’ve got nothing to lose, but your driving license so get in touch with us today.