Using A Mobile Phone While Driving

In the UK it is illegal to use a hand-held mobile phone while driving a motor vehicle. The law is designed to reduce distractions and improve road safety, as using a phone while driving can significantly affect a driver’s ability to concentrate and react to hazards.

A driver caught using a hand-held mobile phone can receive a £200 fixed penalty and six penalty points on their driving licence. If the matter proceeds to court, the fine can increase to up to £1,000, while the number of penalty points usually remains the same. For drivers of buses, coaches or heavy goods vehicles, the maximum fine can increase to £2,500.

What the Prosecution Must Prove

To secure a conviction, the prosecution must prove beyond reasonable doubt that the driver was using a hand-held device while driving.

A phone or similar device is considered hand-held if it is held at any point while being used. This includes situations where the device must be held in order to carry out a function.

The law applies not only to traditional mobile phones but also to smartphones and similar communication devices.

What Counts as “Using” a Mobile Phone

The legislation covers a range of activities described as interactive communication functions. These include:

• making or receiving phone calls
  
• sending or reading text messages
  
• sending or receiving images or videos
  
• accessing the internet
  
• sending or receiving any form of digital communication
  

Because internet use is included within the definition, the communication does not necessarily need to involve another person. Activities such as browsing online content or using messaging apps can also fall within the offence if the device is hand-held.

Importantly, the prosecution does not need to prove the exact function being used. It is generally enough to show that the device was being held and used while the person was driving.

When a Driver Is Considered to Be “Driving”

For the purposes of this offence, driving does not only mean when a vehicle is moving. A person may still be considered to be driving even if the vehicle is stationary, provided the engine is running.

This means a driver could still be committing an offence while stopped in traffic, waiting in a queue, or sitting at traffic lights.

Defending a Mobile Phone Driving Allegation

If a driver wishes to challenge an allegation of using a hand-held phone while driving, they must persuade the court that the device was not being used in that way at the time of the alleged offence.

Evidence may include testimony explaining the circumstances, along with phone records showing that no calls, messages or data activity occurred around the relevant time.

In some situations, questions may arise about whether the device was actually being used or whether it was being held at all. These issues can sometimes form part of a defence depending on the facts of the case.

Emergency Situations

There is a limited exception within the law for genuine emergency situations. A driver may legally use a mobile phone to contact emergency services if:

• there is a genuine emergency, and
  
• it is unsafe or impractical to stop the vehicle before making the call.
  

This exception is interpreted narrowly and applies only in specific circumstances.

Alternative Offences

Where there is uncertainty about whether a mobile phone was being used, prosecutors may consider alternative motoring offences depending on the situation.

These may include offences such as driving without proper control of the vehicle or, in more serious cases where the driver was clearly distracted, careless or inconsiderate driving.

Each case will depend on the evidence available and the circumstances of the alleged offence.