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Mobile Phone Offences

The current law states the following are all Mobile Phone Offences:
  • Using the hand-held phone/device while driving

  • Causing or permitting another person to drive while using a hand-held phone

  • Supervising a Provisional Licence holder when the supervisor is using the hand-held phone

You are not breaking the law if you use a “hands free kit” as the Law states the phone or “other device is to be treated as hand-held if it is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function.”


What's Illegal:

  • Using the phone by holding it in your hand when driving

  • At any point during the course of receiving or making a call or sending a text etc. you hold the phone in your hand - even if for a moment

  • Hold the phone to answer the incoming call even if immediately after holding the phone to answer it you put it down and use your hands-free kit

What's Legal:

  • Making or answering a call by pressing a button on an earpiece or the phone keypad if the phone is mounted on a dashboard holder, as the phone is not being held at any time, even momentarily

  • Using your phone to call the emergency services on 112 or 999 in response to a genuine emergency and it’s dangerous or impractical to stop driving to make the call

How We Can Help You

Our Driving Law solicitors can help to identify the positive aspects of your case and present an effective defense. If your only option is to plead guilty, we will focus all our attention on mitigation in order to lessen the severity of the offence, obtaining the lowest sentence possible.
Contact Us

Contact MTA Solicitors on 0208 437 0731 or alternatively, complete the form below.

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Punishment

Most mobile phone offences are dealt with by way of 3 penalty points and a £60 fixed penalty notice. If the matter proceeds to court however, the fine can be as much as £1,000 or £2,500 if you were driving a bus, coach or any heavy goods vehicle. It is essential the Court has evidence that the phone was being held by the driver.

If the use of the mobile phone has caused or contributed to an accident, the police may decide to prosecute for driving without due care or dangerous driving in order to secure a more severe punishment.



Regulations For Hand-Held Devices

The use of a hand-held phone or device whilst driving is prohibited. A hand-held device is something that "is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function". A device is regarded to be 'similar' to a mobile phone if it performs an interactive communication function by transmitting and receiving data. If you are stationed at a set of traffic lights, drivers are still prohibited to use hand-held mobile phones.

Exemptions apply to drivers who use the hand-held mobile phone to make 999 calls in genuine emergencies when it is unsafe or impractical to stop.