How to Appeal a Mobile Phone Driving Offence in 2026

Using a hand-held mobile phone or similar device while driving is an offence under Section 41D of the Road Traffic Act 1988 (RTA 1988) and Regulation 110 of the Road Vehicles (Construction and Use) Regulations 2003 (CUR 2003). The fixed penalty is 6 points and a £200 fine. Since March 2022, "using" includes any interactive function – touching the phone for almost any purpose while driving can be enough to commit the offence, not just making a call.

This guide explains the law, what counts as "using" in 2026, common defences, and how to respond to a notice or charge.

What Does the Law Say?

Section 41D RTA 1988 makes it an offence to use a hand-held mobile phone or other hand-held device while driving. Regulation 110 CUR 2003 defines "using" to include holding the device, making or receiving a call, sending or receiving data (e.g. messages, emails), and – since the 2022 amendments – using any interactive communication function. That includes scrolling, checking a map, taking a photo, or changing music. The device must be hand-held; using a device in a cradle for a hands-free call is not an offence provided you do not hold it.

What Counts as "Using" After the 2022 Change?

The law was tightened in 2022. You do not need to be making a call. Scrolling through messages, tapping the screen to dismiss a notification, or holding the phone to look at it while the engine is on can all amount to "using" for the purpose of the offence. The key is that the device was hand-held and used for an interactive function. If the phone was in your hand and you touched the screen, the prosecution may have a case. Defences focus on whether you were actually "driving" (e.g. engine off, keys out) or whether the device was in a cradle and you were not holding it.

What Are the Penalties?

The fixed penalty is 6 points and £200. If you go to court, the court can impose up to 6 points (or more for repeat offenders in some circumstances) and a fine of up to £1,000 (£2,500 for drivers of lorries or buses). For new drivers (under two years since passing), 6 points leads to licence revocation. So the stakes are high.

What Defences Are There?

You can argue that you were not "driving" – for example, the engine was off and you were parked. The courts have held that "driving" can include being in charge with the engine on in a stationary vehicle in some contexts, so this is fact-specific. You can argue that you were not "using" the phone – for example, you picked it up to move it and did not interact with the screen. You can argue that the device was in a cradle and you were on a hands-free call and did not hold it. Mistaken identity is a defence if you can show it was not you. As with any offence, the prosecution must prove the case beyond reasonable doubt.

What Should I Do When I Receive a Notice?

You will usually receive a Notice of Intended Prosecution and a Section 172 requirement to name the driver. You must respond within 28 days. If you accept the offence, you can accept the fixed penalty (6 points, £200). If you have grounds to dispute it, you can request a court hearing. Set out your defence in writing and gather any evidence (e.g. that the phone was in a cradle, or that you were not driving). If you are a new driver, 6 points will revoke your licence, so consider taking legal advice.

Does Hands-Free Use Count?

No. Using a device that is not hand-held – for example, a Bluetooth earpiece or a phone in a cradle where you are not touching it – for a call is not an offence. The offence is about hand-held use. If you were holding the phone even to tap the screen once, that can be enough. You must still respond to any [Section 172 notice](/blog/section-172-notice-deadline-consequences) within 28 days to avoid 6 points for failing to identify the driver.

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Frequently Asked Questions

Can I use my phone when stopped at traffic lights?

If the engine is on and you are in control of the vehicle, you are "driving". Using a hand-held phone while stopped at lights can still be the offence. The safest approach is not to hold or interact with the phone until you have parked and switched off the engine.

What if I was only checking the time?

The 2022 law covers any interactive use. Touching the screen to check the time can amount to "using" the device. If the phone was in a cradle and you did not hold it, that is different.

Is it 6 points for every phone offence?

The standard fixed penalty is 6 points and £200. For new drivers, 6 points means licence revocation. If you already have points, a further 6 can push you toward totting up – see [totting up and 12 points](/blog/totting-up-12-points-driving-ban-2026).

Can I appeal if the police only saw me hold the phone briefly?

The prosecution must prove you were "using" the device. Brief holding without interaction might be argued as not "using", but case law has widened the meaning. It depends on the evidence. If you have a defence, request a court hearing and set it out.

Do I still need to respond to the Section 172 notice?

Yes. You must name the driver (or explain reasonable diligence) within 28 days regardless of whether you plan to dispute the phone offence. Failure to respond is a separate offence carrying 6 points and up to £1,000.

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