Am I allowed to use my mobile whilst driving? 

Following changes to the law which came into force on 25 March 2022, a driver commits a road traffic offence by using a handheld mobile phone for whatever reason when driving (there is an exception if using the mobile for emergency purposes).

This applies even if the device is offline or in aeroplane mode and includes not touching the device when you are supervising  a learner driver. 

To use your phone for interactive communication you must have hands-free access to it.

You can only legally touch the device’s screen – including when  using sat nav - when the phone is securely fixed in a mounting bracket on the dashboard or windscreen which must not  block your view of the road ahead.

If you are  stationary at traffic lights or in a queue of traffic - or if the engine stops automatically due to ‘start-stop technology’ – the law regards the driver as being in the course of driving

It is only legal to use your phone, when it is being held, when your vehicle is safely parked with the engine turned off or when you are making an emergency  999 call or 112 call when it would be deemed unsafe for you to have pulled over and parked your vehicle before making/receiving the emergency call.

You should always ensure that your hands-free device is fully set up in the  ‘mounting device’ before you start driving.

The penalty for using a hand-held device is a Conditional Fixed Penalty Notice of a fine of £200 and 6 penalty points endorsed upon your licence

If you need specialist legal advice on any motoring matter then do not hesitate to contact our expert motoring team on 01606 592159 or email rachel.gourlay@mosshaselhurst.co.uk