MOBILE PHONE DRIVING OFFENCE
Using a mobile phone while driving: £200 fine and six points
The prohibition is wider than making a call or sending a message. It covers holding and using a phone, sat nav, tablet or other device that can send or receive data, whether online or offline.
Checked against primary legal sources for England and Wales · Updated 14 August 2026 · How we review content
The fixed penalty is £200 and six points. The rule still applies in traffic, at traffic lights, when supervising a learner and when the device is offline. Preserve the notice, police account and relevant device records before responding.
Preserve the notice and device evidence now
- Record the response deadline and the precise activity alleged.
- Keep relevant device, call and application records without altering them.
- Check your current points and licence date before deciding how to respond.
What counts as using a mobile phone while driving?
Regulation 110 covers holding and using a mobile telephone or other hand held device while driving. The device can be online or offline. Prohibited use includes calls, messages, photographs, video, internet access, applications, playlists and checking the time.
The prosecution still has to prove the particular allegation. Record what device was involved, whether it was held, the function alleged and the driving circumstances without guessing or altering records.
Can I use my phone at traffic lights or in a queue?
No. The rule still applies while stopped at traffic lights, queuing in traffic and when a stop start system has switched the engine off. Being stationary within an ongoing journey is not the same as being safely parked.
What are the mobile phone driving exceptions?
The stated exceptions include calling 999 or 112 in a genuine emergency when stopping is unsafe or impractical, using the device while safely parked, making a contactless payment while the vehicle is stationary for goods or services supplied immediately, and remotely parking the vehicle.
An exception is fact specific. Preserve the transaction, emergency, location and device records before relying on it.
What is the fine and how many points?
The fixed penalty is £200 and six points. If the case goes to court, the court can disqualify and the maximum fine is £1,000, or £2,500 for a lorry or bus driver.
Existing points matter. Six further points may trigger new driver revocation or contribute to a totting up disqualification where the relevant total reaches 12.
Why do new drivers need particular care?
Six points within the first two years after passing can result in DVLA revocation under the new driver rules. Revocation is administratively distinct from a court disqualification but normally requires the driver to obtain a provisional licence and pass the theory and practical tests again.
What evidence matters?
Preserve complete records rather than isolated screenshots. The evidence may include the officer or camera account, original footage, device location, call logs, application records, payment records, vehicle position and any lawful exception relied upon.
- The precise device and function alleged
- Whether the device was held during use
- The vehicle position and whether it was safely parked
- Complete call, application and device records
- Any officer, camera or passenger evidence
- The licence date and current points
Should I accept the fixed penalty or choose court?
Compare the known £200 and six point disposal with the actual evidence, any statutory exception and the wider cost and sentencing exposure of court. Do not reject the fixed penalty merely because the device was not being used for a call or message.
Obtain regulated advice before the deadline where identification, use, an exception, new driver revocation or disqualification is genuinely in issue.
Turn your paperwork into a clear next-step checklist.
Organise the allegation and preserve the evidence
Build an allegation chronology, evidence checklist, deadline record and concise solicitor briefing in NoticeReady Case. It does not choose a plea or predict the outcome.
QUICK ANSWERS
Frequently asked questions
How many points is a mobile phone driving offence?
The usual fixed penalty is six penalty points and £200. A court can impose a higher fine and may disqualify depending on the case.
Can I use a phone while stopped at traffic lights?
Being stopped in traffic or at lights does not ordinarily mean you have stopped driving for this purpose. Only specific statutory exceptions apply.
Can I use my phone as a sat nav?
Yes through hands free access if the phone is not held, does not block the view and the driver remains in proper control. Set the route before driving wherever possible.
Is hands free phone use legal while driving?
Hands free use is permitted if the device is not held, but distraction or loss of proper control can still result in prosecution.
What happens to a new driver given six points?
Six points within two years after first passing can trigger DVLA revocation, which is different from a court disqualification but normally requires retaking the tests.