Three years ago, the laws about driving while using a mobile phone were tightened up considerably. There are still people being caught every day using their phones, and changes in the law have perhaps led to more confusion about what you are and are not allowed to do.

Fines and Points

Since March 2017, any driver who is caught using their mobile phone when driving is fined £200 and gets 6 points on their driving licence. This is a fixed-penalty offence in the same way as speeding or going through a red light. It’s not a criminal offence and you won’t have to go to court, be arrested or end up with a criminal record. There is a particular implication for new drivers. If you rack up six points or more within two years of passing your test, you lose your licence and have to take the test again. This is a considerable difference to when laws preventing people using mobile phones in the car were first introduced in 2003. Originally, the offence only involved three points on your driving licence and a £30 fine.

Is Hands-Free OK?

The law is fairly woolly about what “using” a mobile phone actually means. This gives the police some flexibility in using discretion. Although there have been calls for the government to ban the use of hands-free technology as well as picking up your phone and pressing the buttons, at the moment it is still legal to make and receive calls hands-free. If you are planning on using hands-free, set it all up before you start the engine and drive off. The only exception to using a hand held phone is when you need to make an emergency 999 call and do not have any option to pull over and make the call while stopped. Remember also that the rules don’t just apply to making calls or sending texts; you’re not allowed to scroll through your phone looking for podcasts, music or photographs either.

Can I Use my Phone as a SatNav?

Lots of us use mapping apps on our smartphones to navigate rather than using a separate satnav device. If you’re intending to do this, make sure that you have your smartphone in a cradle on the dashboard or attached to the windscreen rather than holding it in your hand. There’s a balance to be struck though as you must ensure that your windscreen is kept clear for maximum visibility. If you turn up for your MOT test and the windscreen is blocked with too many stickers and holders for various gadgets, the mechanic could issue a fail certificate.

Using Phone When Stopped

Another area of confusion is over whether you’re allowed to use your mobile phone when the car is stopped. There’s no problem pulling over into a lay-by, turning the engine off and sending a text message or making a phone call. What’s not allowed is using your phone while you’re stopped temporarily at traffic lights, or crawling along in heavy traffic.