Caught using your phone while driving: the points, the fine and your licence
Using a hand-held phone while driving means 6 penalty points. If the police offer you a fixed penalty, it is £200 and 6 points. If the case goes to court, the fine is set on your income, usually about a week’s take-home pay, and the court can ban you instead of giving points.
The points are usually what matters most. If you passed your test in the last two years, 6 points means you lose your licence. If you already have 6 or more points, these can take you to 12 and a ban.
Check your own case →About two minutes. It goes straight to the questions about using a phone while driving. Your answers stay on your device.
At a glance
| Points on your licence | 6 |
|---|---|
| Fixed penalty, if offered | £200 and 6 points |
| Fine at court | Usually 75% to 125% of a week’s take-home pay (Band B) |
| Most the fine can be | £1,000, or £2,500 in a lorry, bus or coach |
| Ban | Possible but uncommon for a first offence. Automatic if the points take you to 12 |
| Offence code | CU80 |
What counts as using your phone?
Since 25 March 2022 it has been illegal to hold a phone, or any device that can send or receive data, and use it for almost anything while driving. That includes:
- calls, texts and messages
- taking photos or video
- checking or changing a map, a playlist or an app
- scrolling, or just unlocking the screen
You are still driving when you are stopped at traffic lights or queuing in traffic. The rule applies then too.
What is allowed
- Hands-free, such as a phone in a holder that does not block your view, or voice commands. But if it distracts you, you can still be charged with careless driving.
- Using it when you are safely parked.
- Calling 999 or 112 in a genuine emergency, when it is unsafe or impractical to stop.
- Paying contactless while stationary, for example at a drive-through or a toll.
The points and your licence
If you passed your test less than two years ago, reaching 6 points means the DVLA takes your licence away. You go back to a provisional licence and have to pass the theory and practical tests again. The court cannot stop this happening once the points are on your licence.
If you already have points, 6 more can take you to 12 within three years. That normally means a ban of at least six months. The only way round it is to show that a ban would cause exceptional hardship. Our guide to 12 points and totting up explains how the points are counted.
The points stay on your driving record for four years.
Fixed penalty or court?
The police can offer a fixed penalty: £200 and 6 points, with no court hearing. You usually have 28 days to accept it.
If you are not offered one, or you do not accept it, the case goes to court. There the fine is normally between 75% and 125% of a week’s take-home pay. It can be higher for things like a busy road or doing it before. The most it can be is £1,000, or £2,500 if you were driving a lorry, bus or coach.
At court the magistrates can also ban you instead of giving you points. It is uncommon for a first offence.
If you are a new driver, or 6 more points would take you to 12, take advice before you accept a fixed penalty or enter a plea.
Your fine, on your income
If your case goes to court, the fine is a share of your weekly income after tax. Put your figures in for an estimate. Nothing you type leaves this page.
How the court gets from your income to a fine is explained on the court fine calculator page.
Is there a defence?
Sometimes. The main questions are:
- Were you holding it? A phone in a holder, or one you were not touching, is not this offence.
- Were you driving? Safely parked is not driving. Stopped at lights or in a queue is.
- Does an exemption apply? A genuine 999 call, or paying contactless while stopped.
These cases often turn on what a police officer says they saw. If you dispute it, the checker will help you think it through, and it is worth getting advice before you plead.
What should I do now?
- Check how many points you already have. The DVLA’s view your driving licence service shows them in a minute.
- Work out what 6 more points would do. If you are a new driver, or would reach 12, take advice before accepting a fixed penalty.
- Reply to any letter by its deadline. If it is a Single Justice Procedure Notice, our guide to the 21 days explains your options.
Check your own case →About two minutes. It goes straight to the questions about using a phone while driving. Your answers stay on your device.
Common questions
How many points do you get for using a phone while driving?
Six. That is the same whether you accept a fixed penalty or the case goes to court, unless the court decides to ban you instead of giving points.
How much is the fine for using a phone while driving?
The fixed penalty is £200. At court the fine is set on your income, normally 75% to 125% of a week's take-home pay, up to £1,000 (£2,500 for a lorry, bus or coach). A victim surcharge and court costs are added.
Can I use my phone at traffic lights?
No. You are still driving when you are stopped at lights or queuing in traffic, so holding and using a phone then is the same offence.
Can I use my phone as a sat nav?
Yes, if it is in a holder and you do not hold it. Set the route before you set off. Picking it up to change the route while driving is the offence.
Will a new driver lose their licence for using a phone?
Usually, yes. Six points within two years of passing your test means the DVLA takes the licence away. If you are a new driver, take advice before you accept a fixed penalty or enter a plea.
How long do phone points stay on my licence?
They stay on your driving record for four years, and count towards the 12-point limit for three years.
Sources: Road Traffic Act 1988, section 41D; Road Vehicles (Construction and Use) Regulations 1986, regulation 110; Sentencing Council, Use of mobile telephone while driving; New Drivers Act 1995; Road Traffic Offenders Act 1988, section 35. This page is information about the law in England and Wales, not legal advice on your case. Law stated as at 24 September 2026.