Police have clarified the law on using mobile phones hands-free while driving, confirming that a phone is treated as hand-held if it is held at any point during use. Drivers caught using a hand-held phone face six penalty points and a £200 fine.
What counts as hand-held use
According to Ask The Police, a mobile telephone or other device is treated as hand-held if it is, or must be, held at some point while being used. Using a mobile phone can include illuminating the screen, checking the time, checking notifications, and unlocking the device, among other actions.
The UK law states that no person shall drive, or cause or permit to be driven, a motor vehicle on a road if the driver is using a hand-held mobile telephone, or a hand-held device other than a two-way radio, which is capable of transmitting and receiving data, whether or not those capabilities are enabled.
Hands-free devices and exemptions
According to the government, devices with hands-free access can be used as long as they are not held at any time during usage. Hands-free access includes using a Bluetooth headset, voice command, a dashboard holder or mat, a windscreen mount, or a built-in sat nav. The device must not block the driver's view of the road and traffic ahead.
The law still applies if the driver is stopped at traffic lights, queuing in traffic, supervising a learner driver, driving a car that turns off the engine when stopped, or holding and using a device that is offline or in flight mode. The use of a mobile phone to call the emergency services on 999 is permitted if acting in response to a real emergency and it is not safe or practical to stop to make the call.
Penalties for breaking the law
As of March 1, 2017, the penalty for using a mobile phone while driving in England, Wales and Scotland is six penalty points and a £200 fine. Anyone caught a second time could potentially face a £1,000 fine and a six-month ban from driving. Drivers can also be prosecuted for careless or dangerous driving, which carry higher penalties, and killing someone in an accident caused by phoning or texting can lead to a lengthy prison sentence.
