Mobile Phones and Driving

Road traffic law in the UK regulates every action of drivers on our roads. Road traffic law covers a wide range of areas such as; accidents, dangerous driving, driving under the influence of drugs or alcohol, driving whilst banned, driving without insurance, driving whilst using a 'hand held' mobile phone.

We are going to be focusing on the law about driving whilst using a hand held mobile phone. It should be noted that this law only applies if the driver is using their phone with their hands whilst driving. If a driver is using a hands free device they cannot be prosecuted for this breach of law. These complex regulations surrounding the use of mobile phones whilst driving apply to any kind of vehicle on the road; cars, buses, motorcyclists, goods vehicles, taxis, tractors, etc.

The law about using a mobile phone or some other hand held device when driving, that will potential distract you from paying attention to the road. This can include making or receiving calls, reading or sending text messages, using the internet, playing games or any other application on the phone, including sat nav.

If any of these acts are being carried out on a hand held device whilst driving, the driver will be breaking the law. But what actually constitutes as driving is a bit unclear. A conviction will be given when the driver is using their phone while clearly driving along the road or in a position waiting to resume driving, such as being stopped at traffic lights, where the process of driving is still in action. The best thing to do if you need to use your mobile phone is to pull over somewhere safe and turn your engine off. This way you should definitely be able to avoid a conviction and in the worst case scenario, be involved in n accident.


The Road Traffic Act 1988 gives the following definitions of what it constitutes as an illegal act whilst driving:

A person who contravenes or fails to comply with a construction and use requirement-

(a)as to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or not causing or permitting the driving of a motor vehicle by another person in such a position, or

(b)as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device,

This first part of these definitions referrers to anyone who is supervising a driver whilst using a mobile phone. This means that a driving instructor, whilst supervising a learner, must not use their mobile phone even though they themselves are not driving. This is mainly due to the fact that their attention is supposed to be focused on helping the learner driver to drive safely.

The second part defines the area of driving whilst using a mobile phone, that impedes your control of the road. This law can apply to hands free devices, even though they are legal to use. If you are using a hands free device and are distracted by using the device you could still be convicted. Any device that is taking your attention away from the road and could result in an accident, you could be held liable for the accident due to careless or dangerous driving.

If you are caught driving whilst using a mobile phone you will be charged and receive 3 points o your license and a fine of up to £1000, depending on the severity of the case.

I am a legal writer who specialises in road traffic law, if you would like more information about this topic and would like to find a solicitor, I suggest you have a look at lawontheweb.co.uk.