Mobile phones and driving: the law, the penalty and the theory test

You must not use a hand-held mobile phone, or a similar device such as a tablet, for any purpose while you are driving. The Highway Code gives the penalty as 6 penalty points and a fine of up to £1,000.

What the law says

Rule 149 of the Highway Code says you must exercise proper control of your vehicle at all times and must not use a hand-held phone or similar device capable of interactive communication (Highway Code: rules 103 to 158). The same rule applies when you are supervising a learner driver.

The rule is wider than making calls. It covers all use of a hand-held device, and it applies even when the device's interactive features are turned off or unavailable. The Highway Code spells out these cases:

• You must not pick up the phone to dial a number and then put it in a cradle for the call.
• You must not pick up and use a hand-held phone while stationary in traffic.
• Never use a hand-held microphone when driving.

There are two exceptions in the rule. You may call 999 or 112 in a genuine emergency when it is unsafe or impractical to stop. You may also use a hand-held device to make a contactless payment at a contactless terminal, but only if the vehicle is stationary and the goods or services are received at the same time as, or after, the payment.

Hands-free is not the same as safe

The Highway Code says that using hands-free equipment is also likely to distract your attention from the road. Its advice is that it is far safer not to use any telephone or similar device while you are driving or riding: find a safe place to stop first, or use the voicemail facility and listen to messages later.

Rule 150 covers other distractions. Satellite navigation, multi-media and screen-based information can distract you, so the Highway Code says to find a safe place to stop if you need to deal with them. It also says not to rely on driver assistance systems, because you are still responsible for the vehicle.

The penalty

The Highway Code's penalty table (Annex 5) lists "using a hand-held mobile phone when driving" with a maximum fine of £1,000 (£2,500 for a passenger-carrying or goods vehicle), discretionary disqualification and 6 penalty points (Highway Code: Annex 5, penalties). The court decides the sentence, and the table shows maximums.

On gov.uk's penalty points page, the endorsement code CU80, "breach of requirements as to control of the vehicle, such as using a mobile phone", is listed with 3 to 6 points (gov.uk: penalty points (endorsements)). Which figure applies depends on the offence the court records.

For a new driver the stakes are higher. If you build up 6 or more points within 2 years of passing your test, DVLA revokes your licence. Our guide to new drivers and penalty points explains what happens next.

How the theory test asks about it

The theory test checks your knowledge of the Highway Code rules above. Expect questions in a few shapes:

• Direct law questions. For example, whether you may use a hand-held phone when stopped at traffic lights or in a queue. The Highway Code answer is no.
• Hands-free questions. The test follows the Highway Code's view that hands-free use can still distract you.
• Scenario questions. A call comes in while you are driving, and you choose the safest response. The Highway Code points to stopping in a safe place or using voicemail.
• Distraction questions. Sat nav, passengers, food or screens, tied back to proper control of the vehicle.

Read the rule text as written. Words such as "must not" and "any purpose" are what separate a right answer from a wrong one.

Where to practise

1. Read rules 149 and 150 on our Highway Code rule pages.
2. Try the phone and distraction questions in a practice test.
3. Brush up on the wider rulebook with our Highway Code guide.

Not sure which topics you are weakest on? The free theorytest.ai diagnostic shows you in a few minutes. theorytest.ai is independent and is not affiliated with the DVSA.

Frequently asked questions

Can I use my phone at traffic lights?

No. Rule 149 says you must not pick up and use a hand-held phone while stationary in traffic.

Is hands-free allowed?

The rule bans hand-held use. The Highway Code adds that hands-free is also likely to distract you, so stopping safely is better.

How many points do you get for using a phone while driving?

The Highway Code penalty table gives 6 points. gov.uk's endorsement code CU80 is listed at 3 to 6 points.

Can I use my phone to call 999 while driving?

Rule 149 allows a call to 999 or 112 in a genuine emergency when it is unsafe or impractical to stop.

Does the phone rule apply to learners?

Yes. The rule covers drivers and anyone supervising a learner driver.