Mobile Phone Offences – Covent Garden Driving Solicitors

It is a criminal offence to use a hand-held mobile phone while driving a motor vehicle, under Section 110 of the Road Vehicles (Construction and Use) Regulations 1986.

The law was introduced to address the dangers of driver distraction. Even a brief lapse in concentration caused by using a phone can lead to far more serious charges such as dangerous driving or even causing death by dangerous driving – both of which carry severe penalties, including prison sentences.

What the Law Says

Driving with a mobile phone is illegal in three main situations:

• Using a hand-held device while driving.

• Permitting or causing another driver to use a hand-held phone.

• Supervising a provisional licence holder while using a mobile phone.

The penalties are significant:

• £1,000 fine and 6 penalty points on your licence.

• Up to £2,500 fine if driving a bus, coach, or HGV.

Elements of the Offence

For the prosecution to secure a conviction, they must prove:

• You were driving (even if stationary in traffic, this usually counts).

• You were on a public road.

• You were using the device (typically involving interactive communication, such as making/receiving calls, texts, or messages).

• The device was a hand-held phone or communication device (this does not include MP3 players, dedicated sat-navs, or in-car entertainment remotes).

Possible Defences

There are circumstances where you may have a defence, for example:

• If the phone was used to call 999 or 112 in a genuine emergency, and it was unsafe to stop.

• If you were on private land rather than a public road.

• If the action did not amount to “use” under the legislation (for example, briefly plugging in a device).

Why Expert Advice Matters

Convictions for mobile phone offences often put drivers at risk of totting up bans, especially if you already have points on your licence. For new drivers, just 6 points in the first 2 years leads to an automatic licence revocation.

📞 If you have been charged with a mobile phone offence in Covent Garden, call our specialist driving offence solicitors today. We will carefully review the evidence against you, explore potential defences, and fight to protect your licence.