Other Driving Offences

Using a Mobile Phone Whilst Driving

What are the laws for using a mobile phone whilst driving

It is illegal to use a mobile phone whilst driving, it is also illegal to use a mobile phone if you are a passenger supervising a learner driver.

If you are caught using a mobile phone whilst driving, you will receive six penalty points and a £200 fine.

If you have received six penalty points for using a mobile phone whilst driving and fear this could result in a totting up ban, please see our totting up ban page for more details. (If you are caught using a mobile phone whilst driving on two occasions within a three year period, you likely to receive a totting up ban and could lose your licence). You could also lose your licence if you passed your driving test in the last 2 years.

If the police feel it is an extreme example of using a mobile phone behind the wheel, the driver could be taken to court. The maximum fine for this is £1,000 and a driving ban, although bus and lorry drivers could be fined up to £2,500.


Hands-free phone laws:

You are allowed to use a phone whilst driving if it is fully hands-free, however you can not pick the phone up or operate it in any way. Any hands-free devices should be fully set up before you drive, so you can take calls without handling the device.

You can use a mobile phone for a navigation or mapping app. However, you will first have to fix the phone to the windscreen or dashboard, so it’s in clear view for use while driving (but not obstructing your view), without requiring you to hold or interact with it.

It is only legal to use your mobile phone from behind the wheel of your vehicle, if you are parked up safely. This does not include when you are sitting in traffic or at the traffic lights.


Statistics for mobile phone related offences:

There were approximately 35,000 prosecutions for motoring offences involving mobile phone use across England and Wales in 2017

Failing to provide driver information

What is failure to provide driver information

When the police become aware of a road traffic offence, they will send a letter to the registered keeper of the vehicle, (usually along with a Notice of Intended Prosecution), requesting the information of the driver of the vehicle at the time of the alleged offence. If you receive a notice, but were not the driver of the car at the time of the offence, you are required to give details of the driver to the best of your knowledge.

It is an offence under section 172 Road Traffic Act 1988 not to reply to the notice. The police can prosecute any person who was sent a notice if they:

  • Do not reply within 28 days; or
  • Do reply but do not identify the driver.


What is the punishment for failing to provide driver information

A conviction for failing to provide driver information will result in 6 penalty points and a fine of up to £1000.

If you have failed to provide driver information and are worried that you could end up with a totting up ban, get in touch with us at Chris Rudd Solicitors for expert advice.

Statistics for findings of guilt at all courts, fixed penalty notices and written warnings by type of offence, England and Wales 2016:

Dangerous, careless or drunken driving – 179,000

Accident Offences – 5,000

Speed Limit Offences – 1,253,000

Other offences relating to motor vehicles – 309,000