Yes. Under Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986, as amended in 2022, it is illegal to hold a mobile device while driving, even if the vehicle is stationary at traffic lights or in a traffic jam. The only exceptions apply when calling emergency services if it is unsafe to stop, paying for a drive-through service (such as a toll or ordering fast-food), or when using a hands-free device without touching the phone.
This means that checking messages, changing music, or even holding a phone momentarily while waiting at red lights can result in penalties. The punishment for breaching this rule is a fixed penalty of six points on your licence and a fine of up to £200. New drivers who have held their licence for less than two years face an automatic disqualification.
Despite these strict rules, enforcement is inconsistent. Some drivers might argue that they were not ‘using’ the device but merely holding it, yet the law does not require interaction for an offence to occur. Even hands-free use must not involve physically holding the phone. Police officers have wide discretion in issuing penalties, and challenging them can be difficult without strong evidence.
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