A lawyer has clarified the rules around using a mobile phone while in a car, confirming that it is illegal to use a device even when parked if the engine is running. The guidance follows updates to the Highway Code that introduced new rules on mobile phone and digital device usage while driving, alongside certain exceptions.
What did the lawyer say?
Hojol Uddin of JMW Solicitors, a law firm based in London, addressed the issue in an article on the firm's website. He advised drivers not to use a mobile phone under any circumstances while the engine is running, to avoid prosecution.
Uddin said: "Do not, under any circumstances, use a mobile phone while your engine is running to be on the safe side and prevent a prosecution." He added that using a phone while parked is illegal unless the engine is switched off, and that drivers should not use a phone while stuck in traffic or waiting at traffic lights. He recommended pulling into a safe, allocated parking space or layby and switching off the engine before taking a call.
Phone holders and exemptions
Uddin suggested putting a phone on silent to avoid distraction but warned that even having it in a phone holder could lead to trouble. He explained that while a phone holder within sight allows access without taking eyes off the road or hands off the wheel, the rules still apply, and the phone should only be used when parked with the engine turned off.
The Highway Code includes two exceptions to the phone rule. One allows calling 999 or 112 in a genuine emergency when it is unsafe or impractical to stop. The other permits using a hand-held mobile phone or similar device for a contactless payment at a contactless payment terminal, provided the vehicle is stationary and the goods or services are received at the same time as, or after, the payment.
What are the punishments?
According to the UK government website, an offence under Rule 149 of the Highway Code is punishable by six penalty points and a £200 fine. Drivers caught within two years of passing their test risk losing their licence, as the threshold for that is six points rather than 12.
Uddin also noted that drivers could face being taken to court if using a mobile phone while driving caused an accident, which could lead to a driving ban or revocation of a licence.
