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Construction & Use Regs · reg.110
Updated June 2026

📱 Can I use a handheld mobile phone while driving?

No
Quick answer

No — it's illegal to hold and use a handheld phone or other interactive device at any time while driving. The basis is regulation 110 of the Construction & Use Regulations, tightened in March 2022. The ban applies even when you're stopped at lights or in stationary traffic with the engine on, and since 2022 any holding-and-using counts — taking photos, scrolling, gaming, unlocking — not just calls and texts. It applies even if the device is offline or has no SIM. Hands-free use (Bluetooth, voice, a fixed cradle) is allowed as long as you don't pick the phone up, and a cradled phone for sat-nav is fine — though you can still be done for being "not in proper control." In short: no, you must not hold and use a phone while driving.

📋 The rules

  • Illegal to hold and use a phone at any time while driving
  • Applies at lights / in stationary traffic with engine on
  • Since 2022 any holding-and-using counts (photos, scrolling)
  • Applies even if the device is offline or has no SIM
  • Hands-free / cradle is OK if you don't pick it up

🔓 Exceptions

  • Calling 999/112 in a genuine emergency when unsafe to stop
  • Contactless payment while stationary (drive-through, toll)
  • Safely parked with the engine off

⚠️ Penalties & fines

Using a handheld phone while driving is a £200 fixed penalty and 6 points. In court the fine can rise to £1,000 (or £2,500 for buses and HGVs). For new drivers within two years of passing, a single offence means losing the licence (6 points), and there's no awareness course offered for this offence. Beware a myth: "it's fine to check my phone at a red light" is false — you're still "driving" in law with the engine on, so the ban applies. To stay legal: set up hands-free or a cradle before you set off, and don't pick the phone up; if you must use it by hand, park up safely with the engine off first.

📎 Official sources

Last verified: 2026-06-20

❓ Frequently asked

Can I use my phone at a red light?

No. Even when you're stopped at traffic lights or stuck in stationary traffic with the engine running, you're still considered to be driving in law. Holding and using a handheld phone at that point is illegal, just as it is when moving. To use a handheld phone, you must be safely parked with the engine off.

What exactly is banned?

Since the law was tightened in March 2022, almost any holding and using of a phone or interactive device is banned — making calls, texting, taking photos or videos, scrolling, gaming or even unlocking it. It applies whether or not the device has signal or a SIM. Only specific exceptions, like a 999 emergency call, are allowed.

Is hands-free legal?

Yes, hands-free use is allowed, provided you don't pick the phone up. You can use Bluetooth, voice control or a phone fixed in a cradle, including for sat-nav. However, you must remain in proper control of the vehicle. If hands-free use distracts you and affects your driving, you can still be prosecuted for being not in proper control.

What's the penalty?

Using a handheld phone while driving carries a £200 fixed penalty notice and 6 penalty points. If the case goes to court, the fine can rise to £1,000, or £2,500 for drivers of buses and goods vehicles. There's no speed-awareness-style course offered for this offence.

What happens to new drivers?

New drivers, within two years of passing their test, will lose their licence if they get 6 points, which a single mobile-phone offence carries. They would then have to reapply for a provisional licence and re-sit both the theory and practical tests. So a phone offence is especially serious for recently qualified drivers.

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