Can I hold a phone while driving?
No: holding a phone in your hand while driving is banned. A driver may not use a phone held in the hand while driving — this covers calls, texting, scrolling and holding the device to the ear. Since 17 September 2022 this offence risks a 500 zł fine and as many as 12 penalty points. It's one of the most heavily penalised breaches — it quickly approaches the points limit (24, or 20 for drivers licensed under a year). Using a hands-free set or a holder that doesn't require holding the phone is allowed. From 3 June 2026 the option to reduce points for serious offences was limited, so the risk of losing your licence rises.
📋 The rules
- Ban on using a phone held in the hand while driving
- Fine 500 zł and 12 penalty points
- Points limit: 24 (or 20 in the first year)
- A hands-free set or holder is allowed
- From 3 June 2026: harder to reduce points
🔓 Exceptions
- Hands-free set or a holder not requiring holding the phone
- Vehicle stopped in a safe place (not in a jam in a traffic lane)
- Penalty points are cleared a year after the offence
⚠️ Penalties & fines
Holding a phone in the hand while driving is a 500 zł fine and 12 penalty points — one of the most heavily pointed offences. Accumulating 24 points (or 20 in the first year of holding a licence) means loss of the entitlement and a retake of the exam. Points are cleared only a year after the offence, and from 3 June 2026 they're harder to reduce on a course. If using the phone leads to a collision or accident, the consequences are far more serious. To avoid a penalty and danger: use a hands-free set or holder, set the navigation before driving, and if you must do something on the phone — stop in a safe, permitted place.
📎 Official sources
❓ Frequently asked
Can I hold a phone in my hand while driving?
No. A driver may not use a phone held in the hand while driving — this covers calls, texting and holding the device to the ear. Only using a hands-free set or a holder that doesn't require holding the phone in the hand is allowed.
What's the fine for a phone while driving?
Since 17 September 2022 the fine is 500 zł, and the driver also gets as many as 12 penalty points. It's one of the most heavily penalised breaches, which very quickly approaches the points limit that leads to loss of the licence.
How many penalty points for a phone?
12 penalty points. The limit at which you lose your licence is 24 points, and for drivers licensed under a year — 20 points. One such breach is already half the limit for a new driver. Points are cleared a year after the offence.
Can I use a phone in a holder?
Yes, if a holder or hands-free set lets you use the phone without holding it in your hand. The ban is on holding the device in your hand. Even so, it's safer to set navigation and calls before driving, so as not to be distracted while driving.
Can I answer the phone while stuck in a jam?
Holding a phone in your hand while the vehicle is stopped in a traffic lane (e.g. in a jam or at a red light) is still treated as participating in traffic and can result in a fine. You can safely use the phone only after stopping the vehicle in a permitted, safe place.
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