Using phone at traffic lights

This is a question that catches a lot of people out, and the answer is yes, you can.

Legal position:

The law changed significantly on 25 March 2022 when amendments to Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 came into force. The revised rule makes it an offence to hold and use a hand-held mobile phone or other hand-held interactive communication device while driving. Crucially, "driving" includes being stationary in traffic, at traffic lights, or in a queue. You are considered to be driving for these purposes as long as your engine is running (or in the case of an electric vehicle, the vehicle is ready to be driven), even if you are completely stopped.

The 2022 changes also broadened the definition of "use" considerably. It is no longer limited to making calls or sending texts. It now covers virtually any interactive use, including scrolling, checking notifications, taking photos, browsing the internet, or using any app. In fact the offence is now framed so widely that simply holding and using the device for almost any purpose is caught.

There is a narrow exception for making a contactless payment using the phone, for example at a drive-through, provided the vehicle is stationary. There is also an exception for calling 999 or 112 in a genuine emergency where it is unsafe or impractical to stop.

Penalties:

The standard fixed penalty is six points on your licence and a fine of £200. If the case goes to court, a magistrate can impose a fine of up to £1,000, or up to £2,500 for drivers of goods vehicles or passenger vehicles.

For drivers who have held their licence for less than two years, six penalty points means automatic revocation of the licence under the Road Traffic (New Drivers) Act 1995. That is a particularly harsh consequence and one many newer drivers are not aware of.

Practical points:

1. If you need to use your phone for navigation, set it up in a cradle before you begin your journey and do not touch it while driving, including at lights.

2. If you must take a call or interact with your phone, pull over and park safely in a place where it is legal to stop, and switch off the engine.

3. Hands-free use is still lawful in principle, but if the police consider that you were distracted and not in proper control of the vehicle, you could still be charged with careless or dangerous driving.

4. Dashcam and CCTV footage, as well as evidence from other road users, is increasingly used to support prosecutions.

So the short answer is that being stopped at red lights gives you no protection at all. The offence applies whenever you are behind the wheel of a vehicle that is running, regardless of whether you are moving.