The instances drivers can use their telephones behind the wheel
Drivers can be fined up to £2,500 and banned from driving
The rules apply even when a vehicle is stationary in certain circumstances(Image: skaman306 via Getty Images)
Motorists have been warned they could face a £2,500 fine and a driving ban for using a phone or other device behind the wheel – but there are some surprising exemptions.
Drivers can legally use a handheld device in specific circumstances, including calling 999 or 112 in an emergency when it is unsafe or impractical to stop. It can also be used for a contactless payment while the vehicle is stationary, and when using a device to park the vehicle remotely.
But outside these exemptions, the rules are tough. Drivers caught holding and using a mobile phone, sat nav, tablet or another device capable of sending or receiving data can receive six penalty points and a £200 fine. And the consequences can be even more serious if the case goes to court.
The maximum fine is £1,000 – rising to £2,500 for drivers of lorries or buses – and motorists can also be banned from driving. The rules apply even when a vehicle is stationary in certain circumstances, meaning drivers cannot simply pick up their phone while waiting at traffic lights or sitting in a queue.
Drivers can legally use a handheld device in specific circumstances(Image: mrs via Getty Images)
The Government’s official guidance makes clear that the law applies if motorists are:
- Stopped at traffic lights
- Queuing in traffic
- Supervising a learner driver
- Driving a car with a stop-start system which switches off the engine when stationary
- Holding a device which is offline or in flight mode
The ban covers any reason for holding and using the device, including making calls, sending texts, taking photographs or videos and browsing the internet.
The £2,500 warning
The heaviest penalty is aimed at cases which end up in court. A driver can be banned from driving and fined up to £1,000. But for someone driving a lorry or bus, the maximum fine rises to £2,500.
Drivers can also receive three penalty points if they fail to have a full view of the road and traffic ahead or do not have proper control of their vehicle. There is an additional sting for newly qualified motorists.
Anyone who passed their driving test within the previous two years can lose their licence after receiving six penalty points.
The ban covers any reason for holding and using the device(Image: RUNSTUDIO via Getty Images)
When CAN you use your phone?
The exceptions are narrowly defined. Drivers can hold and use a device if they need to make a 999 or 112 emergency call where it is unsafe or impractical to stop. It can also be used when the vehicle is safely parked.
There is an exception for making a contactless payment while the vehicle is not moving, such as at a drive-through restaurant. Drivers can also use a device to park their vehicle remotely.
Hands-free is allowed – but there is a catch
Motorists do not have to abandon their phones or sat navs altogether. Hands-free use is permitted provided the device is never held at any point during use.
This includes Bluetooth headsets, voice commands, dashboard holders or mats, windscreen mounts and built-in sat nav systems. But the device must not obstruct the driver’s view of the road and traffic ahead.
And hands-free does not mean drivers have carte blanche to become distracted. The Government warns motorists must remain in full control of their vehicle at all times.
Police can stop a driver if they believe distraction means they are not in proper control, and the motorist can then be prosecuted. More information here.
