The Only Two Times You Can Use Your Phone in the Driver's Seat (And Why the Small Print Matters)

Most drivers believe they know the rule on phones: don't hold one at the wheel. Yet the gaps in that understanding are exactly where £200 fines and six penalty points tend to appear. Is a red light a safe moment to check a message? What about a quick glance at a map while the traffic is crawling? And if you can tap to pay at a drive-through, why can't you tap a playlist?

A recent explainer in The Mirror set out what the Highway Code says on this, and the headline answer is neat: there are only two situations where using a handheld phone in the driver's seat is allowed. Neat answers hide a lot of detail, though. Here is what those two exceptions really mean, why the law is drawn so tightly, and how to stay on the right side of it.

What the story says

The Mirror's piece makes three main points:

• Holding and using a phone while driving can bring a £200 fine and six penalty points.
• That applies even when you are stopped in traffic.
• There are two exceptions: making an emergency call and certain contactless payments.

Those points are accurate, and they match the official position. The rest of this article looks at what sits behind each of them.

Why "stopped in traffic" still counts

The most common misunderstanding is that the law only applies when the wheels are turning. It doesn't. You are treated as driving while the engine is running, even if you are queuing, waiting at a red light, or stuck in a jam. Stop-start technology that switches the engine off at lights doesn't change that, because you are still in control of a vehicle on a road.

The legal protection only really begins when you are safely parked with the engine off. Pulling onto the hard shoulder of a motorway to take a call, or stopping on a double yellow line with the engine idling, does not put you in the clear. Parking rules still apply too, so a quick stop to check your phone can swap one problem for another. If you do need to pull over, find a legal place to stop.

The two exceptions in detail

1. Calling 999 or 112

You may use a handheld phone to call 999 or 112 in a genuine emergency, but only where it is unsafe or impracticable to stop. That wording matters. If you can pull over safely, the expectation is that you will. The exception is designed for situations such as witnessing a serious collision on a stretch of road where stopping would put you or others at risk.

It is a narrow carve-out for real emergencies. It is not a general permission to ring a breakdown service, tell someone you are running late, or check on a family member.

2. Contactless payments, with conditions

The second exception allows you to use a phone to make a contactless payment, but only when:

• the vehicle is stationary, and
• the goods or services are provided immediately (or at the time of payment) while you are in that stationary position.

Think of a drive-through window, or a car park barrier where your phone is your payment method. The key limit is that the exception covers the payment itself. It doesn't stretch to the rest of your phone use around that moment, such as scrolling for the menu or reading messages while you wait in the queue.

We have covered the practical grey areas of this elsewhere, including whether you can use a phone at a drive-thru, and it's worth a read if you regularly pay at the window.

Why the law looks the way it does

The rules are stricter than many drivers realise because they were deliberately tightened over time.

Handheld phone use at the wheel was made an offence in 2003. In March 2017 the penalty was raised from three points and £100 to six points and £200. For a driver who has held a licence for less than two years, six points triggers revocation of the licence under the Road Traffic (New Drivers) Act 1995, meaning they have to reapply and retake both the theory and practical tests. For everyone else, six points is halfway to a possible disqualification under the "totting up" system, where 12 points within three years can lead to a ban.

There was also a loophole. A 2019 High Court case, DPP v Barreto, involved a driver who filmed the aftermath of a crash on their phone. The conviction was overturned because the then-wording of the law covered "interactive communication" such as calls and texts, and filming did not fit. The government responded, and from March 2022 the law was widened. It now covers holding and using a phone for almost anything, including taking photos or videos, scrolling through playlists, playing games and browsing the internet.

That change explains why "I wasn't texting" is no longer a defence. The question is whether you were holding the device and using it for something other than the narrow exceptions.

What the law says on the legal side

The offence sits under regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986. In summary, it is illegal to drive while using a handheld mobile device, and the amended wording makes clear that "use" covers a wide range of functions.

Some points worth knowing:

• Fixed penalty: £200 and six penalty points is the standard outcome when the police offer one.
• Court route: If the matter goes to court, the maximum fine is higher (up to £1,000 for most drivers, or £2,500 for a bus or lorry driver), and a discretionary disqualification is possible.
• Holding is enough: You don't have to be actively typing. Holding the phone while using it for something other than the permitted exceptions can be enough.
• Hands-free is not a free pass: Using a phone in a proper cradle or via a hands-free system isn't an offence under the handheld rule. However, the police can still take action if they believe you are not in proper control of the vehicle, or if you are driving carelessly or dangerously because you are distracted. The Highway Code is clear that the safest option is not to take calls at all.

The Highway Code itself is guidance, and not every rule in it is a criminal offence by itself. But breaching it can be used as evidence in court to show careless or dangerous driving. For the specifics, always check the official GOV.UK version of the Highway Code. And as with all articles of this kind, this is general information and not legal advice. If you are facing a charge, speak to a qualified solicitor.

Practical advice for drivers

Knowing the law is one thing. Staying on the right side of it is another. These steps help:

1. Set up before you go. Programme your satnav or maps app, choose your playlist and send any messages before you turn the key. Most phone-related fines come from small, unplanned moments.

2. Use a secure mount if you need your phone for navigation. A cradle is fine as long as it doesn't block your view of the road ahead or your mirrors. If you are using it for a map, set it up so you glance rather than touch.

3. Don't treat traffic lights as a safe zone. The few seconds at a red light are exactly where many drivers are caught. If the engine is running, you are still driving.

4. Let calls go to voicemail. If a call comes in, ignore it. Calling back at your destination costs you nothing.

5. Pull over properly if you must use your phone. Find a safe, legal place, such as a lay-by or a car park, then switch the engine off. Bear in mind that stopping on yellow lines or in restricted areas could bring a penalty charge notice instead.

6. Be careful with smartwatches and other devices. The law is written around "interactive communication devices", not only phones. Our guide to smartwatches while driving covers this in more detail.

7. Understand when you can look away. Even where a device is legal to use, the Highway Code expects you to stay in control. For more on this, see our piece on when drivers can look away from the road.

8. Think about company cars and work calls. If you drive for work, check your employer's policy. Many have a ban on taking calls at the wheel, even hands-free.

If you receive a notice

If you are stopped or receive a notice of intended prosecution, the paperwork usually carries strict deadlines. Read it carefully, check the official guidance, and seek professional advice if you are unsure about your options. Don't ignore it. Failing to respond can make the situation worse.

What the numbers don't tell us

The Mirror piece doesn't include enforcement statistics, and we won't invent any here. What we can say is that the policing approach has shifted, with more attention on enforcement through methods beyond the traditional patrol officer. For more on that, our look at how drivers can be fined at the lights explains how officers can spot offences even when you think you are safely stationary, and our piece on illegal phone use hitting an eight-year high covers the wider trend.

Looking ahead

Expect the direction of travel to remain tough. Technology is making detection easier, with camera systems that can spot a driver holding a phone. Separately, in-car systems are getting more complex, and many drivers now find touchscreens a distraction in their own right. The debate about how far the law should go in addressing that is likely to continue.

It's also fair to expect that the Highway Code and related guidance will keep being refined as devices change. What counts as an "interactive communication device" today may look different in a few years' time, so the safest assumption is that anything with a screen needs to be left alone while you are driving.

For now, the message from The Mirror's coverage is a useful reminder. The exceptions are real but narrow: a genuine emergency call where stopping isn't safe, and a contactless payment while stationary and receiving goods or services straight away. Everything else is a risk to your licence, your wallet and, more importantly, other road users.

The bottom line: treat your phone as off-limits whenever the engine is running. Set things up beforehand, use a proper mount, and park legally if you need to use it. The few seconds you save by grabbing it at the lights are rarely worth six points.

This article provides general information about UK motoring law and is not legal advice. For official guidance, consult GOV.UK and the Highway Code. If you are facing prosecution, seek advice from a qualified solicitor.