UK Government’s Guidelines on Phone Use While Driving

Published On : 08 Apr 2025

In 2022, the UK government made significant amendments to existing laws surrounding the use of handheld mobile phones when driving. Prior to this, the law made it illegal to text or make a phone call (other than in an emergency) using a handheld device while driving. The following year, authorities prosecuted 15,300 individuals for using or causing others to use a handheld mobile phone while driving . Notably, in comparison to car drivers, a higher percentage of van and truck drivers were found using mobile phones while driving.

What are the changes?

The amendments occurred after it was observed that several offenders were found not guilty by the courts due to a loophole in the law. The earlier law stated that the handheld device in such cases needed to have been used for ‘interactive communication’, but with the many advancements in technology that have taken place since, people can use handheld mobile phones for various potentially distracting functions and not just for communication alone. 
The issue was brought to light with the Director of Public Prosecutions v Barreto case in 2019, where a motorist used his mobile phone to film a car crash while still driving, but Lady Justice Thirlwall ruled that as he wasn’t talking, texting or browsing the internet, there was no breach .

As per amended official guidelines, it is illegal to hold and use a phone, sat nav, tablet or any device that can send or receive data while driving or riding a motorcycle. This means that the device cannot be used to take photos or videos, scroll through playlists, browse the internet or play games. The device cannot be in the hands of the driver for any reason, whether online or offline. The law is still applicable if the driver is:

What are the exceptions?

Motorists are allowed to use ‘hands-free’ devices while driving, which include Bluetooth headsets, voice commands, a dashboard holder or mat, a built-in sat nav and a windscreen mount. The driver has to ensure that they are not holding the device at any point, unless they have pulled over safely and stopped the vehicle. The police can stop motorists if they think they do not have control over the vehicle.

Drivers will be allowed to hold and use a device to make contactless payments at a payment terminal for goods or services while driving, provided the vehicle is stationary. The item being paid for must be delivered either simultaneously with or immediately after the contactless payment. Examples of such transactions include paying for parking, road tolls or purchasing drive-through coffee using a mobile phone.

Additionally, based on a recent proposal from the Department for Transport, contained in The Road Vehicles (Construction and Use) (Amendment) Regulations 2024, the government has implemented a new exemption from the offence of using a handheld mobile phone for emergency services drivers using Airwave Tetra and ESN devices. This exemption is limited to press-to-talk mode; any other handheld use of these devices while driving will still be considered a violation of the law.

What are the penalties?

Holding and using a phone, sat nav, tablet or any device capable of sending and receiving data while driving or riding a motorcycle can result in 6 penalty points and a £200 fine. The law takes a more serious line with new drivers. For individuals who passed their driving test within the last two years, this offence could lead to them losing their license.

If a motorist is found to be driving while distracted or lacks proper control of their vehicle, they may incur 3 penalty points. They could also be taken to court, where penalties may include a driving ban and a maximum fine of £1,000, which increases to £2,500 if they are driving a lorry or bus.

It’s important to note that having points on one’s license will attract higher insurance costs. 

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