Using a hand-held mobile phone while driving

s.41DRoad Traffic Act 1988

Driving a motor vehicle on a road while using a hand-held mobile phone or other hand-held device that can send and receive data, contrary to the construction and use regulations.

Using a hand-held mobile phone while driving · Road Traffic Act 1988, s.41DCard 81 / 85

Points to prove

Drove
A motor vehicle
On a road
While using a hand-held mobile telephone or other hand-held device capable of transmitting and receiving data

Key definitions

The requirement – the offence is breaching reg.110 of the Road Vehicles (Construction and Use) Regulations 1986 (SI 1986/1078). s.41D(b) makes that an offence.
Motor vehicle – s.185(1): a mechanically propelled vehicle intended or adapted for use on roads.
Road – s.192(1): any highway and any other road to which the public has access, including bridges a road passes over.
Device – reg.110(4): any device, other than a two-way radio, capable of transmitting and receiving data, whether or not those capabilities are enabled.
Hand-held – reg.110(6)(a): the phone or device is, or must be, held at some point while being used.
Using – reg.110(6)(c): includes illuminating the screen, checking the time or notifications, unlocking the device, making, receiving or rejecting a call, sending or receiving content, taking photos or video, drafting text, accessing stored data, an app or the internet.

Defences

Emergency call – reg.110(5): calling 999 or 112 in response to a genuine emergency where it is unsafe or impracticable to stop.
Remote parking – reg.110(5A): using the device only for a remote-controlled parking function, within 6 metres.
Contactless payment – reg.110(5B): paying for a good or service while the vehicle is stationary.
Emergency service radio – reg.110(5C): push-to-talk devices on an authorised network while performing duties for the police, fire, ambulance or other emergency service.

Good to know

The law was widened on 25 March 2022 (SI 2022/81). Before then, the device had to be used for “interactive communication”, so things like filming or taking photos were not always covered. Now almost any use of a hand-held device is caught.
Penalty points went up from 3 to 6 on 1 March 2017. A driver within two years of passing their test whose total reaches 6 points will have their licence revoked under the Road Traffic (New Drivers) Act 1995.
It is also an offence to cause or permit someone else to drive while using a hand-held device (reg.110(2)), or to supervise a learner driver while using one (reg.110(3)).
Hands-free use is not caught by reg.110. If it affects the standard of driving, it may still amount to careless or dangerous driving.

Legislation: Road Traffic Act 1988, s.41D (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: Fine of up to £1,000 (level 3), or £2,500 (level 4) for a goods vehicle or a vehicle adapted to carry more than eight passengers; discretionary disqualification, otherwise 6 penalty points