Millions of British drivers are unknowingly risking a staggering £1,000 fine and penalty points for simply touching their mobile phones while stationary at traffic lights or in queuing traffic, motoring experts have urgently warned.
The Highway Code's Rule 149, which was significantly tightened in 2022, makes it explicitly illegal to hold or use a phone or similar device while driving. However, a dangerous misconception persists that the law doesn't apply when a vehicle is temporarily stationary.
The Costly Misunderstanding on British Roads
Graham Conway, Managing Director of Select Car Leasing, issued a stark warning: "Many motorists believe it's acceptable to quickly check a message or change a song when stopped at a red light. This is a potentially costly misunderstanding. The law considers you to be 'driving' if your engine is on and you're in control of the vehicle, even if you're not moving."
The penalties are severe. Getting caught can result in a £200 fixed penalty notice and six points on your licence. For new drivers within their first two years, this alone could mean losing their licence. If the case goes to court, the fine can soar to £1,000, or even £2,500 for drivers of buses or goods vehicles.
What Exactly Is Illegal?
The law prohibits holding a mobile phone for almost any purpose while driving. This includes:
- Illuminating the screen or checking the time.
- Checking notifications, messages, or alerts.
- Taking photographs or videos.
- Using an app, such as a music playlist or navigation.
- Drafting any text, including for a text message, email, or social media post.
The Legal Loophole You Need to Know
There is one very specific and narrow exception. You are permitted to use your phone only if you are safely parked, which means you need to have the engine switched off and the handbrake fully engaged. Simply being stationary in live traffic does not qualify.
"The only safe way to use your phone in your car," Conway emphasises, "is when you are legally parked with the engine off. Otherwise, you are breaking the law and putting yourself and others at risk. The best practice is to put your phone in the glove box or out of reach before you start your journey."
This urgent reminder serves as a critical wake-up call for drivers across the UK to reassess their habits and avoid a devastating and expensive penalty.
