The Consequences of Using Your Phone While Driving
Using your phone whilst driving is far more serious than a minor slip in judgement, and can cause serious, even life threatening risks to both your passengers, yourself, pedestrians, and other people on the road. As such, the consequences align with the severity of the crime.
At Harewood Law, we are here to support you through every step of the process. Whether you're facing your first offence or a more complex legal challenge, our experienced team is ready to help.
Is it illegal to use your phone while driving?
Under UK law, it is illegal to use a handheld mobile phone or similar device while driving. This applies even when the car is stationary, for example if you’re stuck in traffic, stopped at traffic lights, or supervising a learner driver.
According to studies conducted by THINK!, you are 4 times more likely to crash when using a mobile phone, and your reaction times will be 2 times slower.
You cannot:
Make or receive calls
Send or read texts or emails
Browse the internet
Use social media
Take photos or videos
Use apps
Hands Free
It is legal to use a hands free device whilst driving to make phone calls, however, if it is impacting your ability to drive safely then you could still face penalties.
Emergencies
If you are in an emergency, it is legal to call 999 whilst driving when it is unsafe or impractical to stop. This could apply if a passenger is in distressing pain, or if you have just witnessed a traffic accident.
Other Exceptions
The law allows for minimal exceptions. You are allowed to use your phone if:
You’re making a contactless payment in a vehicle that is not moving.
You’re using it to remotely park your vehicle.
You are parked safely with the engine off.
Why the law exists
Using a phone while driving impairs your ability to focus. It can lead to:
Slower reaction times
Poor lane discipline
Missed traffic signals
Increased likelihood of collisions
Even hands free devices carry risks due to cognitive distraction. Studies have shown that drivers engaged in phone conversations, hands free or not, can experience ‘inattentional blindness’, where they fail to register hazards directly in front of them.
Accident Statistics
According to Department for Transport figures, mobile phone use contributes to hundreds of serious accidents each year. In 2022 alone, handheld device distraction was cited in 75 fatal crashes in the UK.
The consequences of using your phone while driving
Legal Consequences
If you are caught using your phone whilst driving, you could face:
A £200 fine
6 penalty points on your licence
Losing your licence if you passed your driving test in the last 2 years
If you don’t have proper control of the vehicle, you could also face:
A driving ban
A £1000 fine, or up to £2500 if you’re driving a lorry or bus.
Insurance Premiums
Being caught using your phone while driving significantly increases your car insurance premiums. Most insurers view it as a high risk behaviour, akin to drink driving or speeding.
Some insurance providers may even refuse to insure you altogether if you have a mobile phone conviction.
Employment Risks
Many employers, particularly those in logistics, or taxi services, require clean driving records. If you receive six penalty points or a driving ban:
You may lose your company car
You could face disciplinary action
Your ability to perform job duties may be compromised
For professional drivers, this could mean the end of a career.
What happens if I commit a road offence whilst using my mobile phone?
In this instance, your penalty will be even harsher.
What to do if you’ve been caught using your phone whilst driving
Do Not Ignore the Penalty
If you've been issued a Fixed Penalty Notice, it’s important to respond promptly. Ignoring it could result in further penalties or escalation to court.
Consider Your Options
Depending on the circumstances, you may have grounds to:
Dispute the charge (e.g. if you weren’t driving or weren’t using your phone)
Request mitigation (e.g. emergency situation or first offence)
Consulting with a solicitor can help you navigate the process and identify the best course of action.
At Harewood Law, we are able to advise on serious road traffic offences and represent clients across the UK who are facing charges related to mobile phone use while driving. We specialise in complex cases, covering careless driving, drink driving, and causing harm to others whilst driving.
We understand the stress and uncertainty that legal issues can cause. Our goal is to help you protect your rights, limit the damage to your driving record, and move forward with confidence.