Photo: Mike Bird / Pexels. Illustrative photograph.
In Great Britain it is illegal to hold and use a phone, sat nav, tablet or any device that can send or receive data while you are driving, even when you are stopped at traffic lights or queuing. The penalty is 6 penalty points and a £200 fine, and if you passed your test in the last 2 years you lose your licence. This explainer is for learners, new drivers and the people who supervise them. It covers Highway Code Rules 148 to 150, the exceptions, hands-free use, and what the rules say about driver assistance and self-driving features.
The law in one minute
- No hand-held use at all while driving: no calls, texts, photos, videos, browsing or scrolling music.
- It still counts when you are stopped at lights, queuing in traffic, offline, in flight mode, or in a car whose engine cuts out when you stop.
- Supervisors are covered too. The ban applies to anyone supervising a learner.
- Penalty: 6 points and £200. In court, a fine of up to £1,000 and a possible ban.
- New drivers: 6 points within 2 years of passing means your licence is revoked.
- Hands-free is allowed, as long as you never hold the device and stay in full control.
What counts as “using” a phone while driving?
Rule 149 says you MUST NOT use a hand-held mobile phone, or a similar device capable of interactive communication such as a tablet, for any purpose when driving or supervising a learner driver. The ban covers all use, and it applies even when the device’s connection is switched off or unavailable.
The Highway Code was updated on 25 March 2022 to make clear that the ban covers all uses, not just calls and texts. GOV.UK lists examples of what you must not do with a device in your hand:
- text or make calls
- take photos or videos
- browse the web
Rule 149 also says you MUST NOT pick up the phone to dial and then put it in a cradle for the conversation, and you MUST NOT pick up and use your phone while stationary in traffic.
Situations that still break the law
GOV.UK is specific that the law still applies if you are:
- stopped at traffic lights
- queuing in traffic
- supervising a learner driver
- driving a car that turns off the engine when you stop moving
- holding and using a device that is offline or in flight mode
If you are sitting in the passenger seat supervising a learner, picking up your phone to reply to a message is treated the same as the driver doing it. See supervising a learner driver for the other rules that apply to supervisors.
The exceptions
GOV.UK says you can use a device held in your hand only if:
- you need to call 999 or 112 in an emergency and it is unsafe or impractical to stop
- you are safely parked
- you are making a contactless payment in a vehicle that is not moving, for example at a drive-through
- you are using the device to park your vehicle remotely
For contactless payments, Rule 149 adds that the vehicle MUST be stationary and you MUST receive the goods or services at the same time as, or after, the payment. For remote parking, the app or device MUST be legal and you should not put anyone in danger.
“Safely parked” means parked, not just stopped. Pulling over on a motorway hard shoulder to take a call is not safe parking: Rule 271 says do not stop on any part of a motorway to make or receive calls, except in an emergency.
Hands-free phones and sat navs: what is allowed?
You can use a device hands-free as long as you do not hold it at any time while using it. GOV.UK gives these examples of hands-free access:
- a Bluetooth headset
- voice command
- a dashboard holder or mat
- a windscreen mount
- a built-in sat nav
The device must not block your view of the road and traffic ahead. Legal does not mean safe, though. Rule 149 says hands-free equipment is also likely to distract you and that it is far safer not to use any phone while driving: find a safe place to stop or let calls go to voicemail.
Sat nav set-up before you go
Rule 150 warns that sat navs, multimedia screens and other in-vehicle systems can distract you. Do not be distracted by maps or screen information while driving; if necessary, find a safe place to stop. The practical habit is simple: enter the destination and choose your music before you move off. On the driving test you may follow a sat nav during the independent driving section. GOV.UK says the examiner sets it up for you and you cannot use your own. See independent driving and the sat nav.
Penalties for using a phone while driving
| Offence | Penalty (GB) |
|---|---|
| Holding and using a phone, sat nav, tablet or any device that can send and receive data | 6 penalty points and a £200 fine |
| Same offence, if you passed your test in the last 2 years | Licence lost (6 points reaches the new driver limit) |
| Not having a full view of the road and traffic ahead, or proper control of the vehicle | 3 penalty points |
| If the case goes to court | Possible driving ban and a fine of up to £1,000 (£2,500 for a lorry or bus driver) |
Annex 5 of the Highway Code lists the same maximum: a £1,000 fine (£2,500 for a passenger or goods vehicle), discretionary disqualification and 6 points for using a hand-held mobile phone when driving. The phone offence carries the endorsement code CU80, which covers breaches of requirements for control of the vehicle, such as using a mobile phone.
Why new drivers are hit hardest
Under the special rules for new drivers in Annex 5, anyone who reaches 6 or more points within 2 years of passing their first test has their licence revoked automatically. Points picked up before passing count too. To drive again you must reapply for a provisional licence and pass the tests again. One phone offence is enough. Read the New Drivers Act and penalty points and endorsement codes.
Other distractions in Rule 148
Rule 148 asks you to avoid distractions such as loud music, reading maps, starting or adjusting music or the radio, arguing with passengers or other road users, eating and drinking, and smoking. It also sets out the smoking law: in England and Wales the driver MUST NOT smoke, or let anyone smoke, in an enclosed private vehicle carrying someone under 18. In Scotland it is an offence for anyone aged 18 or over to smoke in a private vehicle in a public place when someone under 18 is in it.
Driver assistance and self-driving features
Rule 150 says do not rely on driver assistance systems such as motorway assist, lane departure warnings or remote control parking. You remain responsible for the vehicle when you use them, and you MUST have full control over them at all times.
The Highway Code introduction separates these from self-driving vehicles: vehicles listed as automated by the Secretary of State for Transport under the Automated and Electric Vehicles Act 2018. While a listed self-driving vehicle is driving itself in a valid situation, you are not responsible for how it drives and may view content on the built-in infotainment screen. You still MUST NOT use a hand-held phone, and you MUST be ready to take back control when the vehicle prompts you. Other laws still apply too: you MUST be fit to drive and within the drink and drug limits, and the vehicle MUST be taxed, insured, roadworthy and have an MOT if it needs one. Ordinary cars with cruise control or lane-keeping are not self-driving, so Rule 150 applies to them.
Common questions
Can I use my phone at traffic lights?
No. GOV.UK says the law still applies when you are stopped at traffic lights or queuing in traffic.
Can I use my phone as a sat nav?
Yes, if it is in a holder or windscreen mount, you do not touch or hold it while driving, and it does not block your view. Set the route before you move off.
Can I touch my phone in a holder?
GOV.UK says hands-free means you do not hold the device at any time during use. Even with hands-free use, the police can stop you if they think you are not in control because you are distracted.
Is it illegal for a supervising driver to use their phone?
Yes. Rule 149 and GOV.UK both say the hand-held ban applies when supervising a learner.
Can I take a photo of a crash while driving?
No. Taking photos with a hand-held device while driving is specifically listed as illegal. Stop safely first.
How many points for using a phone while driving?
6 points and a £200 fine. If you passed in the last 2 years, that means losing your licence.
Back to the main guide: Learning to Drive in Great Britain.
Sources
- GOV.UK, “Using a phone, sat nav or other device when driving” (gov.uk)
- Department for Transport, “The Highway Code: General rules, techniques and advice for all drivers and riders (103 to 158)” (gov.uk)
- Department for Transport, “The Highway Code: Annex 5. Penalties” (gov.uk)
- Department for Transport, “The Highway Code: Introduction” (gov.uk)
- Department for Transport, “The Highway Code: Updates” (gov.uk)
- Department for Transport, “The Highway Code: Motorways (253 to 274)” (gov.uk)
- GOV.UK, “Penalty points (endorsements): Endorsement codes and penalty points” (gov.uk)
- GOV.UK, “Driving test: What happens during the test” (gov.uk)