Caught Using Your Phone While Driving? UK Penalties Explained

Caught using your phone while driving? What happens next?

Most drivers know they should not make a call or send a message behind the wheel. However, the law goes much further than many people realise.

You could commit an offence by checking the time, unlocking the screen, changing a song or looking at a notification while holding your phone. This remains the case when you are stopped at traffic lights or sitting in a queue of traffic.

For someone who already has points, one brief glance could also place their driving licence at risk.

Can I check the time on my phone while stopped in traffic?

No. If you are holding and using your phone, checking the time can be enough to commit the offence.

The rules apply while you are driving, including when you are:

• Waiting at traffic lights
• Queuing in congestion
• Supervising a learner driver
• Driving a vehicle with stop-start technology

The fact that the wheels are not moving does not necessarily mean you have stopped driving for legal purposes.

It is easy to see how this happens. You are sitting at a red light, the radio clock is wrong and your phone is beside you. Checking whether you are late may feel harmless. Legally, however, it could carry the same penalty as reading a message.

The safest approach is to put the phone away before starting your journey. Only use it when you are safely parked and no longer driving.

What is the penalty for using a phone while driving?

The usual fixed penalty is:

• Six penalty points
• A £200 fine

However, accepting a fixed penalty is different from being sentenced by a court.

If the case goes to court, the usual endorsement is six penalty points. The court can also impose a higher fine based on your circumstances. The maximum fine is normally £1,000, increasing to £2,500 for drivers of buses or goods vehicles.

Importantly, the court also has the power to disqualify you from driving. This is known as a discretionary disqualification.

This means you do not necessarily need to reach 12 points before a driving ban becomes possible. As with other endorsable driving offences, the court can consider an immediate ban based on the seriousness and circumstances of the offence.

A separate prosecution for careless or dangerous driving may also be considered where the manner of driving creates additional concerns.

There is no standard driver-awareness course that allows you to avoid the six points for this offence.

Will I lose my driving licence?

There are several ways a mobile phone offence could affect your licence.

If you passed your test less than two years ago, six points will usually result in your licence being revoked. You would normally need to apply for a provisional licence and pass both tests again.

More experienced drivers usually face a “totting up” ban after reaching 12 active points within three years. The normal minimum disqualification is six months.

For example, someone with six existing points who receives another six for using a phone may reach 12 points immediately.

However, 12 points is not the only route to a ban. If the case is dealt with in court, the magistrates can consider a discretionary disqualification for the mobile phone offence itself, even where the driver has fewer than 12 points.

Whether that happens will depend on the individual facts. The circumstances of the phone use, the road conditions, nearby traffic or pedestrians, and any previous offending may all be relevant.

How will I know if I have been caught?

Sometimes a police officer will stop you at the roadside and explain the allegation.

In other cases, the incident may be recorded by a police officer, dashcam footage or roadside camera technology. Paperwork may then be sent to the vehicle’s registered keeper. This can include a Notice of Intended Prosecution and a requirement to identify the driver.

The first notice will generally need to be sent to the registered keeper within 14 days, although exceptions can apply. A later notice may take longer to reach you if the vehicle is leased, hired or registered to an employer.

Do not ignore a request for driver information. Failing to respond can create a separate offence carrying six points.

What do mobile phone detection cameras look like?

There is no single camera design that drivers can reliably look out for.

Mobile phone detection systems may be mounted high above the road, positioned on a roadside structure or installed on a mobile trailer or vehicle. Their elevated angle can help capture images through the windscreen and towards the driver’s hands or lap.

This is different from expecting every camera to resemble a familiar yellow speed camera. Some equipment may be temporary and moved between locations.

In practice, the better question is not, “Where are the cameras?” It is, “Where can I safely put my phone so I am not tempted to touch it?”

How do the AI cameras work?

The cameras capture images of passing vehicles. Artificial intelligence reviews those images and identifies cases where there may be phone use or a seatbelt offence.

A suspected offence should not simply be decided by a computer. Images identified by the system are passed for human review before the police consider further action.

The technology may capture several views, including the driver, their hands and the vehicle registration.

What if I was reaching for a drink rather than using a phone?

Looking down or reaching towards a cup holder does not automatically prove that you were using a mobile phone.

The prosecution must still prove the alleged offence beyond reasonable doubt. Evidence may include photographs, video, an officer’s observations and what was said at the roadside.

Perhaps your phone was secured in a cradle and you were picking up a water bottle. Perhaps the object in your hand was not a phone at all. These details matter.

However, each case turns on its own evidence. Phone records can sometimes help, but they are not always decisive. Since the law changed, a person can use a phone without making a call, sending a message or using mobile data. Simply showing that no calls were made may therefore be insufficient.

Do not delete information or try to manufacture an explanation. Keep the paperwork, note what happened while it remains fresh and obtain advice before rejecting a fixed penalty.

Can exceptional hardship help me avoid a ban?

Exceptional hardship may be relevant if the six points take you to 12 or more and you face a totting-up disqualification.

It is important to distinguish this from a discretionary ban imposed for the offence itself. Exceptional hardship is specifically used in totting-up cases. It is not a general defence against every type of driving disqualification.

It is not enough to say that losing your licence would be inconvenient or that you need to drive for work. The court will expect detailed evidence showing consequences beyond the ordinary difficulties caused by a ban.

This could include serious effects on:

• Employees or a business
• Vulnerable relatives who depend on you
• Your family’s finances
• Medical care or essential responsibilities

A successful argument can allow the court to reduce or avoid the usual disqualification. It does not remove the points, and success cannot be guaranteed. Preparation and supporting evidence are particularly important.

What should I do after receiving an allegation?

Check the deadline and respond to any driver-identification request. Do not accept or reject the allegation without understanding the evidence and the effect of the points on your licence.

JR Levins has represented motorists for more than 30 years in cases involving mobile phones, speeding, drink driving, drug driving and other road traffic allegations.

If you have received a notice, fixed penalty or court summons for using a phone while driving, speak to our motor law team for clear advice about your options.

Contact JR Levins on 0151 480 5777 or email crime@jrlevins.co.uk.