Mobile Phone Driving Law 2025: What Counts as "Using" a Phone?

UK law is extremely strict regarding mobile phone use while driving. Under current legislation, the police do not need to prove you were texting or calling. It is a “strict liability” offence simply to hold and use a device for almost any purpose while behind the wheel.

If you are caught holding a phone or sat nav while driving, you face a mandatory 6 penalty points and a £200 fine, regardless of your intent. For new drivers, this means immediate licence revocation.

This guide explains the current regulations under the Road Vehicles (Construction and Use) Regulations, defining exactly what counts as “holding” and “using” a device in 2025.

What Counts as “Using” a Phone Under Current Law?

The legal definition of “using” a handheld device is extremely broad. It is an offence to hold a phone to perform almost any interactive function, including:

• Illuminating the screen: Simply checking the time, looking at notifications, or waking the device.
• Unlocking the device: Using FaceID, a fingerprint scanner, or entering a passcode.
• Checking apps: Opening social media, browsing the internet, or reading emails.
• Interacting with media: Scrolling through a Spotify/Apple Music playlist, taking a photo, or recording a video.
• Managing calls: Tapping the screen to reject or silence an incoming call while holding the handset.

Can I Still Use My Phone as a Sat Nav?

Yes, but strict rules apply to ensure you are not “holding” the device.

The “Dashboard Cradle” Requirement

You are permitted to use your phone for navigation or music only if it is secured in a dashboard holder or windscreen mount. It must not block your view of the road.

While the device is secured in its cradle, the law allows you to briefly touch the screen (e.g., to accept a call or select an alternative route). However, you must remain in proper control of the vehicle at all times.

Crucial Legal Caveat: Even if hands-free, if the police believe you are distracted by the device, for example, staring at a map for too long or scrolling through contacts, you can still be prosecuted for Driving Without Due Care and Attention.

Supervising a Learner Driver

These rules also apply to anyone supervising a learner driver. As the supervising passenger, you are legally in charge of the vehicle and must not use a handheld mobile phone.

The Penalties: Points, Fines, and Revocation

The standard penalty for using a handheld mobile phone (offence code CU80) is a Fixed Penalty Notice comprising:

• 6 Penalty Points on your driving licence.
• A £200 Fine.

Unlike speeding offences, there is no option to attend a Driver Awareness Course for a mobile phone offence. The endorsement is mandatory.

The Risk for New Drivers

This offence is particularly devastating for New Drivers (those within 2 years of passing their test). Accumulating 6 points results in the immediate revocation of your licence by the DVLA. You would have to apply for a new provisional licence and re-take both theory and practical tests to drive again.

Summary Table: Legal vs. Illegal Phone Use

Are There Any Legal Exemptions?

There are only two very specific statutory exemptions where holding a phone is currently permitted while driving:

1. Emergency Calls: You are calling 999 or 112 in a genuine emergency, and it is unsafe or impractical to stop the vehicle to make the call.
2. Contactless Payments: You are using the phone to make a contactless payment (e.g., at a drive-thru or toll booth) for immediate goods or services. The vehicle must be stationary at the time of payment.

Conclusion: A Strict Liability Offence

Current UK law treats mobile phone use as a strict liability offence. Your intent does not matter—only the fact that you physically held and used the device while driving. The safest course of action is to set up your playlist and navigation before you depart, secure the phone in a cradle, and do not touch it again until the engine is switched off.