MilesheetThe phone rules are stricter than most drivers think
Holding it at all is the offence now. Six points, and for newer drivers that is the licence.
The law on handheld phones was tightened in 2022 to close a loophole, and the version most drivers carry in their heads is the old one.
What changed
Previously the offence was framed around interactive communication — calling, texting. That left a gap: drivers caught taking photographs or scrolling through stored files argued, sometimes successfully, that they were not communicating.
The law now covers using a handheld device for almost any purpose while driving. Taking a photo, changing a playlist, checking a stored file, unlocking it to look at something — all are caught.
The penalty
Six penalty points and a fine, or a court appearance for more serious cases.
For a driver within two years of passing their test, six points means the licence is revoked and the test must be taken again. For anyone else it is half of a twelve-point ban in one offence.
What counts, and what does not
| Action while driving | Legal? |
|---|---|
| Holding the phone to call | No |
| Holding it to text | No |
| Holding it to take a photo or video | No |
| Holding it to change a playlist | No |
| Holding it to check a stored file | No |
| Unlocking it while stationary in traffic | No |
| Phone in a cradle, used as a sat-nav | Yes |
| Hands-free call, phone in a cradle | Yes |
| Contactless payment, stationary, at a drive-through | Yes |
| Calling 999 where stopping is unsafe or impractical | Yes |
| Using it parked, with the engine off | Yes |
What it costs
| Driver | Penalty | Effect |
|---|---|---|
| Held licence over 2 years | 6 points + fine | Half of a ban in one offence |
| Within 2 years of passing | 6 points + fine | Licence revoked, test again |
| Repeat or serious cases | Court | Disqualification possible |
What is still allowed
- Hands-free, provided the phone is in a cradle and you are not holding it
- Using it as a sat-nav, again secured in a holder rather than in your hand
- Contactless payment while stationary, at a drive-through for example
- Calling 999 or 112 in a genuine emergency where it is unsafe or impractical to stop
Note the important caveat on hands-free: it is legal, but you can still be prosecuted for careless or dangerous driving if the call is what caused you to drive badly. Legal is not the same as safe.
"Stopped at lights" is not an exemption
The offence applies while driving, and being stationary in traffic with the engine running still counts. So does queuing, and so does sitting at a red light.
If you genuinely need to use the phone, you have to be parked with the engine off.
Why this bites harder if you drive for work
People who drive for a living are exposed to this more than anyone: more hours on the road, more calls, more pressure to respond, and often a genuine work reason to look at the phone.
Two practical defences:
Set it up before you move. Navigation entered, playlist chosen, phone in the cradle, before the handbrake comes off.
Use an app that does not need you. Anything that requires interaction while driving is a liability. Milesheet records journeys automatically once departure detection is on — it starts when you set off and stops when you park, without being touched. That is a deliberate design choice rather than a convenience: a mileage log that needs a button pressed at the start of every drive is a mileage log that invites you to pick up your phone.
Sources
- GOV.UK — Using a phone, sat nav or other device when driving
- GOV.UK — Penalty points (endorsements)
- The Highway Code
General road safety information, not legal advice.