Using your phone while driving: the law for learners and new drivers

Quick answer

• It is illegal to hold and use a phone, sat nav, tablet or any device that can send or receive data while you drive. That includes when you are stopped at traffic lights or queuing in traffic.
• The same law applies to whoever is supervising a learner driver.
• You can get 6 penalty points and a £200 fine. A court can ban you from driving and fine you up to £1,000.
• If you passed your driving test in the last 2 years, those 6 points mean you lose your licence. You then have to pass the theory test and the practical test again.

For most drivers, a phone offence is 6 points towards the 12 that can lead to a ban. For a new driver it is the whole allowance in one go. That is the part worth understanding before you ever reach for a phone in the car.

This guide follows GOV.UK and the Highway Code, which cover England, Scotland and Wales. Where the Highway Code says MUST or MUST NOT, that is the law. Where it says should, or gives advice, that is guidance - and this guide says which is which.

What the law says

GOV.UK puts it plainly: you must not use a device in your hand for any reason, whether it is online or offline. That means no texting, no calls, no photos or videos, and no browsing. It covers a phone, a sat nav, a tablet, or any other device that can send or receive data.

The law still applies when you are:

• stopped at traffic lights;
• queuing in traffic;
• supervising a learner driver;
• driving a car that turns its engine off when you stop moving;
• holding and using a device that is offline or in flight mode.

Highway Code rule 149 closes two more gaps. You MUST NOT pick up a phone while driving to dial a number and then put it in a holder for the call. And you MUST NOT pick up and use a hand-held phone while you are stationary in traffic.

The exceptions

GOV.UK lists four situations where you can use a device held in your hand:

• To call 999 or 112 in an emergency, when it is unsafe or impractical to stop.
• When you are safely parked.
• To make a contactless payment in a vehicle that is not moving, such as at a drive-through. The Highway Code adds that you MUST receive the goods or service at the same time as paying, or after.
• To park your vehicle remotely with an app or device. The Highway Code says the app or device MUST be legal.

Hands-free is legal, but it is not a free pass

You can use a device hands-free, as long as you do not hold it at any point while you use it. GOV.UK gives examples: a Bluetooth headset, voice commands, a dashboard holder or mat, a windscreen mount, or a built-in sat nav. Wherever it sits, the device must not block your view of the road and traffic ahead.

You must also stay in full control of your vehicle at all times. GOV.UK says the police can stop you if they think you are not in control because you are distracted, and you can be prosecuted. Not having a full view of the road and traffic ahead, or proper control of the vehicle, can mean 3 penalty points.

Then there is the advice. Highway Code rule 149 says hands-free equipment is also likely to distract you, and that it is far safer not to use any phone while you drive. It suggests finding a safe place to stop first, or letting calls go to voicemail and listening later. That part is guidance rather than law, but it is good guidance.

Why one phone offence ends a new driver's licence

GOV.UK says your licence is cancelled (revoked) if you get 6 or more penalty points within 2 years of passing your test. Holding and using a phone can bring exactly 6 points. GOV.UK's phone guidance spells out what that means: you also lose your licence if you passed your driving test in the last 2 years.

1. 01

   Your full licence is cancelled

   This is not a ban with an end date. The licence you passed for stops being valid.

2. 02

   You apply for a new provisional licence

   GOV.UK says you have to apply and pay for it, and you are a learner again: L plates, and a supervisor whenever you drive.

3. 03

   You pass the theory test again

   Both parts, at £23 to book on GOV.UK.

4. 04

   You pass the practical test again

   A car driving test costs £62 on weekdays and £75 on evenings, weekends and bank holidays - plus whatever lessons it takes to get back to test standard.

If you have passed but not yet sent off for your full licence, the rule still applies. GOV.UK says you must retake both parts of the test, and you can use your current provisional licence to take them.

A phone offence is recorded with the code CU80. GOV.UK says codes in that group usually stay on your driving record for 4 years from the date of the offence.

If someone is supervising you

GOV.UK says it is illegal for a friend or family member to use a mobile phone while they are supervising you. Highway Code rule 149 says the same about anyone supervising a learner: they MUST NOT use a hand-held phone or similar device for any purpose. Their job is to watch the road with you, and the law bans a phone in their hand just as it bans one in yours.

If they need to take a call, the answer is the same as it would be for you: find somewhere safe and legal, park, and then use the phone.

Sat navs, including on your test

A sat nav in a mount or built into the car is hands-free, so it is legal to follow. Rule 150 still asks you not to be distracted by maps or screen information while you drive, and to find a safe place to stop if you need to deal with it. In practice that means setting the route before you move, not at the first red light.

On your driving test, if you are asked to follow a sat nav, the examiner provides it and sets it up. GOV.UK says you cannot use your own.

Habits that keep you inside the law

Most of these are habits rather than legal requirements. They are simply the easiest ways never to be tempted.

• Set your route and your music before you pull away.
• If you use your phone as a sat nav, put it in a holder that does not block your view of the road, and fix it there before you set off.
• Turn on your phone's driving or do not disturb mode, or put the phone out of reach.
• Let calls go to voicemail. If something cannot wait, stop somewhere safe and legal first.
• If you have a passenger who is not supervising you, ask them to handle the navigation and the messages. Whoever is supervising a learner must not use a hand-held phone at all.