Mobile phone use while stopped in traffic

This is a question that catches many people out, and the answer is yes, you can be prosecuted.

Legal position:

The relevant law is regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986, as amended. The offence is using a hand-held mobile phone or other hand-held interactive communication device while driving a motor vehicle on a road.

The key point is what "driving" means in this context. You do not need to be physically moving. The courts have consistently held that a person can be "driving" even when stationary in traffic. If your engine is running and you are in the driver's seat with control of the vehicle, you are generally considered to be driving. Being stopped at a red light, queuing in congestion, or waiting in a line of traffic all count.

The rules were tightened significantly by the Road Vehicles (Construction and Use) (Amendment) Regulations 2022, which came into force on 25 March 2022. The offence was broadened so that it now covers not just making calls but virtually any use of a hand-held device, including browsing the internet, scrolling through a playlist, taking photos, or checking social media.

When you would not be driving:

If your engine is off and the vehicle is safely parked, you are unlikely to be considered to be driving. There is also a narrow exception where a vehicle is safely stationary and the phone is used to make a 999 or 112 emergency call where it would be unsafe or impracticable to stop.

Penalties:

The standard fixed penalty is six points on your licence and a fine of £200. If the matter goes to court, the maximum fine is £1,000, or £2,500 if you are driving a goods vehicle or a passenger vehicle. For drivers who have held their licence for less than two years, six points means automatic revocation of the licence under the new drivers provisions.

Practical point:

The safest approach if you need to use your phone is to pull over and park in a safe and legal place with the engine off. Simply being stuck in traffic, even if completely stationary, does not protect you. If you want to use your phone for navigation, it should be in a cradle or holder and set up before you begin driving, and you should not touch it while driving, including when stopped in traffic.