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The law on using your mobile phone when driving.


The law means there’s a ban on using handheld phones or sat navs while driving or riding a motorbike. That also includes similar devices like tablets. A handheld device is defined as something that "is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function".

What aren’t you allowed to do?

The ban on using hand-held devices while driving includes:

  • Texting
  • Making a phone call that isn’t hands-free
  • Using your device to navigate
  • The law still applies to you if you’re:
  • Stopped at traffic lights
  • Queuing in traffic
  • Supervising a learner driver
  • It applies even if you have an automatic stop-start and the engine's cut out briefly.
  • How to use your phone safely on the road

    If you need to use a handheld phone

  • First you must stop driving.
  • Park up safely and legally with the handbrake on.
  • Switch off your engine.
  • The Highway Code (239) says that you must switch off your engine if you stop on the roadside. Turning the engine off will avoid any doubt that you’re still driving and it's better for the environment too
  • What are the penalties for using a mobile while driving?

  • Even if you’re otherwise driving safely, you can get a penalty for using a handheld phone while driving.
  • That’s not the case for using hands-free phones. You’ll only get a penalty if it’s decided you weren't in control of the vehicle.
  • Instead of a Fixed Penalty Notice, you could be taken to court if:

    You refuse to accept the fixed penalty.

    The police think the offence is so bad that a fixed penalty isn’t enough.

    Discretionary disqualification

    Penalties for causing an accident while using a phone

    If your driving’s bad, or if there’s a crash while you’re using the phone, you could be prosecuted for:

  • Careless driving
  • Dangerous driving
  • Causing death by careless driving
  • Causing death by dangerous driving
  • If a death’s caused, fines can be much greater and prison's almost certain.
  • Penalties for employers

    Your employer may be open to prosecution if:

  • They cause or permit you to drive while using a phone or to not have proper control of the vehicle.
  • They require you to make or receive calls while driving.
  • You drive dangerously because you're using a phone installed by your employer.
  • Penalties for cyclists

    It's not a specific offence to cycle and use a handheld mobile phone. But you could be prosecuted for careless or dangerous cycling if it distracts you.

    Are there any exemptions?

    You’re allowed to use a handheld device under exceptional circumstances:

    You can make an emergency call to 999 or 112 only if it’s unsafe or impractical to stop first.

    You can use a two-way radio but not any other device that sends or receives data.


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    Message Sent By
    Jayne Winfield
    (Staffordshire Police, PCSO, East Staffordshire)

    Neighbourhood Alert Cyber Essentials