Mobile Phone Use & Driving
Using a hand-held mobile phone or other qualifying device while driving can lead to 6 penalty points, a fine and, in some cases, disqualification. For new drivers, 6 points can result in licence revocation. Roadtrafficlaw.com specialises in Scottish road traffic cases and represents motorists across Scotland. If you have received a fixed penalty or have been accused of using a phone while driving, call 0800 048 8696 for a free initial consultation or complete our online contact form.
Mobile Phone Driving Offences in Scotland: Key Points
The offence: The law prohibits drivers from holding and using a mobile phone or other qualifying hand-held device while driving.
What counts as use: Prohibited activities can include checking notifications, rejecting a call, taking photographs, opening an app, accessing the internet or checking the time.
Fixed penalty: The standard fixed penalty is £200 and 6 penalty points.
Court penalties: A conviction in court carries 6 penalty points. The court can impose a driving ban and a fine of up to £1,000, rising to £2,500 for certain goods or passenger vehicles.
New drivers: A driver who reaches 6 or more points within two years of passing their first qualifying test can have their licence revoked.
Limited exceptions: The legislation contains narrow exceptions for certain emergency calls, contactless payments and remote parking functions.
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What Is the Law on Using a Mobile Phone While Driving?
The principal prohibition is contained in regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 (opens in a new tab).
The law was widened on 25 March 2022. Before that change, the prosecution had to establish use for an interactive communication function, such as making a call or sending a message.
The amended legislation now covers a much broader range of activities carried out with a hand-held device.
A mobile phone does not need to be connected to the internet or mobile network at the time. A device can fall within the legislation even when it is in flight mode or its data connection is switched off.
Your Complete guide to Mobile Phones and Driving in Scotland
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Read our Essential InsightsWhat Counts as Using a Mobile Phone While Driving?
The legislation gives examples of activities that can constitute use of a hand-held device. These include:
The list is not limited to telephone calls and text messages.
This means conduct such as checking the time or rejecting an incoming call can now fall within the offence where the other statutory requirements are met.
Does the Phone Have to Be in My Hand?
Regulation 110 is concerned with a hand-held mobile telephone or other hand-held interactive communication device.
The hand-held element can form an important part of a disputed prosecution.
A phone secured in a dashboard holder or windscreen mount is treated differently from a device being held in the driver's hand. Hands-free access, such as voice control or Bluetooth, is permitted under the mobile phone rules.
Drivers still have a duty to remain in proper control of their vehicle.
Use of a mounted or hands-free device may lead to a different road traffic allegation if distraction affects the standard of driving or the driver's ability to remain in proper control.
Is Holding a Mobile Phone Enough for a Conviction?
The prosecution must prove the elements of the offence beyond reasonable doubt.
A police officer seeing a phone in someone's hand may form part of the evidence, but the circumstances of the alleged use still need to be considered.
A disputed case may involve questions such as:
There is no substitute for examining the evidence in the individual case.
Can I Use My Phone at a Red Light?
A driver can remain legally regarded as driving when temporarily stationary during a journey.
Stopping at a red traffic light or waiting in a traffic queue does not give a driver a general right to pick up and use a hand-held phone.
Reading a message, answering a call, checking social media or carrying out another prohibited function can lead to prosecution when the vehicle is temporarily stationary in traffic.
The safer course is to use the device only once the vehicle is lawfully parked and the journey has been interrupted for that purpose.
Can I Use a Hands-Free Phone While Driving?
Hands-free use is permitted under the specific mobile phone legislation where the device is not held during use.
Examples include:
The position of a mounted device must not obstruct the driver's view of the road.
Hands-free use can still be distracting. A driver may face prosecution for another offence if their use of a device results in loss of proper control or driving that falls below the required standard.
Can I Call 999 or 112 While Driving?
There is a limited statutory exception for emergency calls.
A driver can use a hand-held device to call 999 or 112 in response to a genuine emergency where it is unsafe or impracticable to stop before making the call.
The exception is narrow. It does not permit general hand-held phone use during an emergency or cover calls that could reasonably be made after stopping.
Can I Use My Phone for Contactless Payment?
The legislation permits certain contactless payments made using a hand-held device.
The exception can apply where:
A common example is paying at a drive-through.
The exception is not a general permission to use a phone whenever the vehicle has stopped.
What Are the Penalties for Using a Mobile Phone While Driving?
The standard fixed penalty is:
fixed penalty fine
penalty points
If the allegation proceeds to court and the driver is convicted, the offence carries 6 penalty points.
The court can impose discretionary disqualification.
The maximum court fine is normally £1,000, rising to £2,500 for drivers of certain passenger or goods vehicles.
The wider effect of 6 points can be particularly serious for drivers who already have endorsements on their licence.
What Happens if I Already Have Penalty Points?
A further 6 points can place a driver at risk of disqualification under the totting-up rules.
A driver who accumulates 12 or more relevant penalty points within the applicable three-year period can become liable to a totting-up ban under section 35 of the Road Traffic Offenders Act 1988 (opens in a new tab).
An exceptional hardship argument may be available in an appropriate case.
Exceptional hardship does not challenge the mobile phone conviction. It concerns whether the resulting totting-up disqualification should be avoided or reduced.
What Happens to New Drivers?
The consequences can be particularly serious for a driver within two years of passing their first qualifying driving test.
Under the Road Traffic (New Drivers) Act 1995 (opens in a new tab), a licence is revoked if the driver accumulates 6 or more relevant points during the statutory probationary period.
A mobile phone fixed penalty carries 6 points, meaning a single offence can trigger revocation for a new driver.
Revocation is different from a court-imposed driving ban. The driver will normally need to obtain a provisional licence and pass both the theory and practical driving tests again before regaining a full licence.
Existing points from before the test can affect the position, so individual advice may be required.
Can a Mobile Phone Driving Charge Be Defended?
A prosecution can be challenged where there is a proper factual or legal basis.
The Crown must prove the offence beyond reasonable doubt. A solicitor may examine whether the evidence establishes:
The fact that a police officer was positioned where the driver could not see them does not create a defence. The relevant question is what the officer could reliably observe.
CCTV, dashcam footage or other recordings can sometimes support or contradict witness evidence and should be preserved where available.
Should I Accept a Fixed Penalty?
Accepting a fixed penalty normally means accepting the £200 financial penalty and 6 penalty points.
A driver who disputes the allegation should take advice before deciding whether to accept it.
Choosing not to accept a fixed penalty does not dispose of the allegation. The case may proceed to court, where the prosecution must prove the charge and the court has wider sentencing powers following conviction.
Advice can be particularly valuable where 6 points would trigger new-driver revocation or place the driver at risk of a totting-up disqualification.
Why Instruct Roadtrafficlaw.com?
Roadtrafficlaw.com focuses on road traffic law in Scotland. Our solicitors regularly represent drivers accused of mobile phone and other motoring offences.
Our service includes:
Our published 94% success rate is based on independently analysed cases. No solicitor can guarantee the outcome of an individual prosecution.
Meet Our Road Traffic Law Team
Our team focuses on road traffic law in Scotland, combining specialist knowledge with extensive courtroom experience. Meet the team behind Roadtrafficlaw.com.
Steven Farmer
Managing Director & Leading Defence SolicitorSteven graduated top of his year at the University of Glasgow and has built an extensive record defending complex road traffic prosecutions. His experience covers drink driving, speeding and other serious motoring charges.
Steven has never lost a jury trial in which he has personally represented the accused and has acted in numerous reported cases.
Graham Walker
Founder & Motoring Law PioneerGraham founded Roadtrafficlaw.com with a focus on specialist road traffic defence. During his career, he was invited to provide professional training for organisations including the Law Society of Scotland, Glasgow Bar Association and Royal Faculty of Procurators.
His principles of specialisation, legal expertise, communication and client care continue to shape the firm's approach.
Andrew Martin
Senior AdvisorAndrew studied law at the University of Strathclyde and later completed a postgraduate Master's in Human Rights Law. He joined Roadtrafficlaw.com in 2012 and is now a senior member of the team.
Known for meticulous preparation and clear, practical advice, Andrew guides clients through each stage of their road traffic case.
What Happens Next? A Step-by-Step Guide
Check the allegation
Review the fixed penalty, police correspondence or court papers and note exactly what phone use is alleged.
Preserve the evidence
Keep dashcam footage, CCTV information and any other material that may help establish what happened.
Get specialist legal advice
A solicitor can assess whether the prosecution can prove that you were using a qualifying hand-held device while driving.
Decide how to respond
You may choose to accept a fixed penalty or contest the allegation, depending on the evidence and your circumstances.
Prepare for court if required
If the case proceeds, your solicitor can examine police observations, video evidence and any other evidence relevant to the charge.
Consider the impact on your licence
A conviction carries 6 penalty points and can lead to totting-up disqualification or licence revocation for some new drivers.
Frequently Asked Questions
How many points do you get for using a phone while driving?
The standard penalty is 6 points. A fixed penalty carries a £200 fine too.
Can I use my phone while stopped at traffic lights?
No general exemption applies at traffic lights. You can still be treated as driving when temporarily stationary in traffic.
Can I use a phone mounted in a cradle?
Hands-free use of a mounted device is permitted, but you must remain in proper control and keep a clear view of the road.
Can I call 999 while driving?
A limited exception applies where there is a genuine emergency and it is unsafe or impracticable to stop before calling 999 or 112.
Will 6 points revoke a new driver's licence?
A driver who reaches 6 or more relevant points within two years of passing their first qualifying test can have their licence revoked.
What to do next
Contact us today to start building your strongest defence. With a verified 94% success rate in court, we have the expertise to secure the best possible outcome. Protect your future—call now for a free consultation.
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Charged with a Motoring Offence?
If you have been charged with ANY motoring offence in Scotland then call Roadtrafficlaw.com: the Road Traffic Law Experts. We would be happy to arrange a meeting with Steven Farmer to discuss your options at a no obligation consultation.
