The Highway Code sets out only two specific occasions when drivers are unlikely to face consequences for using their phones behind the wheel. In any other situation, the law is clear about the penalties.
In most cases, using a mobile phone while driving in the UK results in at least a £200 fine and six penalty points on the licence. Drivers caught within two years of passing their driving test lose their licence entirely.
What counts as an offence
The law states that drivers need not even be making a call or responding to a text to be found guilty. One police force confirms that just "holding any data-capable or handheld device" is an offence.
The rules continue to apply even when stationary at traffic lights or queuing in traffic. Those supervising learner drivers are equally obliged to abide by the same rules as though they were operating the vehicle themselves.
The two legal exceptions
The first exception allows drivers to dial 999 or 112 in an emergency when it is neither safe nor practical to pull over. The second permits drivers to use their phone to make contactless payments at drive-throughs and toll booths, but the phone must be put away immediately.
Following the introduction of contactless payments, the Highway Code was updated to confirm that drivers could technically have faced a fine for making such a transaction. While the contactless payment itself is legal, using the phone for any other purpose while queuing in the drive-thru with the engine running remains entirely illegal.
The Code also makes clear that those who are "safely parked" need not be concerned. Another section of the rule states that people using a mobile device to remotely park their car is legally permitted.
Hands-free device rules
Using a phone hands-free - whether via Bluetooth, voice command, or a device secured in a cradle or holder - is permitted provided it does not obstruct the driver's view of the road. Drivers must still exercise caution to avoid committing "careless driving" due to any potential distraction.
Greater Manchester Police said: "You can use a hands-free mobile device while driving your car as long as you do not hold it at any time during usage. The device must not block your view of the road and traffic ahead."
However, if the police believe a driver is distracted and not in proper control of the vehicle, they can still be prosecuted even when using a hands-free device.
