Over 15,000 prosecutions are brought each year for using a mobile phone while driving, highlighting how easy it is to be caught out. Even a split-second lapse – unlocking your phone or checking a message – can be enough for a prosecution. If convicted, you face six penalty points, a financial penalty, and in some cases, a driving ban.
For many motorists, the penalty can be devastating. Those already carrying six points will reach the 12-point “totting” threshold, triggering a mandatory six-month disqualification unless they can establish exceptional hardship.
For professional drivers, particularly those operating HGVs or PCVs, the stakes are even higher. Many employers impose strict limits on endorsements, with six often being the maximum tolerated before a contract is terminated. Insurance premiums can also rise sharply, and in some cases, cover may be withdrawn altogether.
Contact our specialist motoring solicitors for immediate advice on 0333 240 7373, email [email protected], or contact us here to arrange a consultation.
Can I Avoid a ‘totting’ Ban for a Mobile Phone Offence?
If a mobile phone offence takes you to 12 points within three years, you may still avoid a ban by making an Exceptional Hardship application. This means persuading the court that disqualification would cause consequences beyond the ordinary – such as the loss of employment, serious financial hardship for your family, or disruption to the care of dependants.
We are true specialists in preparing and presenting Exceptional Hardship arguments. Our role is to think creatively about every angle, ensure that supporting letters are persuasive, and that all relevant evidence is presented clearly. Success depends on meticulous preparation and focused advocacy.
For full details, visit our dedicated Exceptional Hardship Solicitors page.
Pleading not guilty to Using a Mobile Phone While Driving Offence
Sometimes police officers are simply mistaken about what they saw – and drivers can be falsely accused of using a mobile while driving. Distance, lighting, weather, or even roadside distractions can all be crucial factors. A driver may have been holding another object, such as a vape, wallet, or travel card – not a mobile phone. If an allegation is denied, a not guilty plea can be entered.
Our solicitors carefully analyse the prosecution evidence, identify weaknesses, and challenge them through strategic cross-examination at trial. We can also obtain and present supporting material – such as dashcam footage, passenger statements, or mobile phone records – to corroborate your version of events. By highlighting inconsistencies and presenting credible alternative explanations, it is often possible to create sufficient doubt to prevent a conviction.
How can Reeds Solicitors help?
From the outset, you will receive clear and realistic advice so you know exactly where you stand. We guide you through every stage of the process, explaining timeframes and ensuring all paperwork is completed correctly so nothing is overlooked.
We offer competitive fixed-fee representation for complete transparency on costs, and our specialist motoring team can assist you nationwide – either in person or virtually via Microsoft Teams.
Our aim is to deliver a service that consistently exceeds expectations. You will have direct access to a senior solicitor who provides responsive, proactive preparation throughout your case. We understand how crucial your driving licence is to your livelihood and approach every matter with that in mind.
Contact our specialist motoring solicitors for immediate advice on 0333 240 7373, email [email protected], or contact us here to arrange a consultation.
True expertise comes from understanding not only the legislation but also how the courts have applied it in practice. One particular case has shaped the current law on mobile phone use while driving:
DPP v Barreto [2019] EWHC 2044 (Admin)
The defendant used his phone to film while driving but was not communicating. The High Court held that the offence under Regulation 110 was limited to interactive communication functions, such as making calls, sending messages, or accessing the internet. Filming alone did not fall within the regulation.
This decision exposed a loophole in the law and directly led to the 2022 amendment, which broadened the definition of “use” to include almost any hand-held interaction.
These cases show how the interpretation of “use” has evolved and why it is vital to ensure that the alleged facts actually meet the legal test. Our solicitors are experienced in identifying such nuances and using them to challenge the prosecution’s case.
With over 20 offices nationwide, Reeds Solicitors provides expert motoring law representation across England and Wales. Our solicitors regularly appear before Magistrates’ Courts throughout the country, ensuring that you receive experienced local representation wherever your case is heard.
We can meet you at one of our regional offices or arrange a convenient virtual consultation via Microsoft Teams at short notice. Whether you are based in Oxfordshire, London, Manchester, Bristol, Cardiff, or elsewhere, our specialist motoring team can provide the same high standard of advice and advocacy nationwide.
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FAQ
The offence is created by section 41D of the Road Traffic Act 1988, which makes it an offence to breach the mobile-phone rules in regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986.
In short, if a driver – or the supervisor of a learner driver – uses a hand-held mobile phone or any other interactive communication device while driving on a road, they commit an offence. This includes being stationary in traffic or at lights if the engine is running.
Key parts of regulation 110:
- (1) prohibits a person from driving a motor vehicle on a road while using a hand-held phone or other hand-held interactive communication device.
- (2) makes it an offence for a supervisor of a provisional licence holder to do the same.
- (4) defines “hand-held” as held at any point while making or receiving a call or performing an interactive communication function.
- (6)(a)–(c) defines “interactive communication function” as sending or receiving messages or images, or accessing the internet.
“Use” is not limited to making or receiving calls. It covers texting, emailing, taking photos, checking apps, or any other interaction with a device’s functions. Even hands-free use can lead to prosecution under regulation 104 if the police believe the driver was not in proper control of the vehicle.
The offence carries six penalty points and a fine of up to £1,000 (or £2,500 for bus and HGV drivers).
New drivers within the first two years of passing their test face automatic revocation of their licence.
Yes, for HGV and bus drivers, the fine can be up to £2,500 and six points may put your professional licence at risk. Many employers impose stricter standards, and insurance providers may refuse cover if you have mobile phone convictions.
Using a mobile phone while driving carries six penalty points. If you already have six or more points on your licence, a conviction will take you to 12 points within three years.
At that stage, the court must impose a minimum six-month disqualification under the “totting-up” rules, unless you can persuade the Magistrates that doing so would cause exceptional hardship.
An exceptional hardship application can succeed where a ban would lead to serious consequences beyond the ordinary – for example, the loss of employment, significant financial impact on others, or disruption to the care of dependants.
Our solicitors specialise in preparing and presenting these applications to help drivers avoid disqualification wherever possible.
Yes, in the transport and logistics sector, many large employers impose a maximum limit of six penalty points on a driver’s licence. Since a mobile phone offence carries six points, a single conviction can immediately place a driver in breach of those requirements.
Major employers such as Royal Mail and Freightliner have advertised driving roles with a six-point or less licence condition. Many others impose similar thresholds, often because insurance policies exclude drivers who reach six points or more.
Although not every case results in termination, the reality is that many professional drivers risk losing their jobs after a mobile phone conviction because of contractual terms, insurance requirements, or licensing consequences.
If you admit the using a mobile phone while driving offence, many cases can be dealt with by post under the Single Justice Procedure. However, if you want to dispute the allegation or make an exceptional hardship application to avoid a ban, you will need to attend a court hearing. Completing the Single Justice Procedure form correctly is important, as it determines how the case is listed and ensures that it reaches the right type of hearing. We can assist you in completing the paperwork properly and making sure your case is dealt with in the most appropriate way.
Yes, it is possible. Officers can genuinely misinterpret what they see, especially when observing from a distance, through glass, or in poor visibility. A driver may be wrongly accused of using a phone when they were in fact holding another object, such as a vape or travel card.
Where this happens, our solicitors can obtain supporting evidence – for example, dashcam footage, passenger statements, or mobile-phone usage data – to challenge the officer’s account. If doubt remains about whether a hand-held device was actually being used, the court must find you not guilty.
Yes, phone records can sometimes be obtained to show whether or not a device was in use at the time alleged. For example, if there is no evidence of calls, messages, or data activity, this may support your account that the phone was not being used. However, the absence of activity does not always prove your innocence, as the prosecution may argue you were using another function on the device, such as the camera. Nonetheless, mobile phone records can be a valuable piece of evidence in building a defence.
No, the law is not limited to making or receiving calls. Under Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986, it is an offence to use a hand-held mobile phone or other interactive communication device while driving. This includes texting, checking apps, taking photos, or even unlocking the screen.
If your phone is secured in a cradle and operated completely hands-free (for example, via Bluetooth or voice commands), it is generally lawful. However, you can still be prosecuted for not being in proper control of the vehicle if your driving is affected.
Even when the phone is mounted in a cradle, touching or unlocking the screen counts as “use” under Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986. This includes tapping an app, scrolling, or typing a postcode. The only lawful approach is to operate the device entirely hands-free while the vehicle’s engine is running.
Simply passing the phone to a passenger without interacting with it is unlikely on its own to constitute “use,” but you could still be charged under Regulation 104 if the police believe you were not in proper control of the vehicle.
You can use your phone as a satnav only if it’s secured in a cradle and operated completely hands-free. Typing a postcode, scrolling, or touching the screen while driving – even when stationary with the engine running – can amount to “use” under Regulation 110. You must also stay in proper control of the vehicle under Regulation 104, so set your route before moving off and stop safely before making changes.
No, even if your phone is secured in a cradle, touching the screen to type a new postcode, expand the map, or move between screens is classed as “use” of a hand-held interactive communication device under Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986.
The law defines “use” to include any physical interaction with the device’s functions while driving. That means tapping, swiping, or typing on the screen can all amount to an offence, even if it is only to adjust navigation.
The safest course is to set or adjust your route before you start driving, and if you need to change it, pull over in a safe place, switch off the engine, and apply the handbrake first.