Q391: Can I use my mobile phone whilst driving?

Please note from 1st March 2017 the penalty for using a mobile phone whilst driving will increase to 6 penalty points and a £200 fine. Anyone who is caught a second time could potentially face a £1000 fine and six-month ban from driving. The new penalties apply in England, Wales and Scotland.

In normal circumstances, in order to lawfully use a mobile phone whilst driving, you must have a hands free kit. With or without hands free, if you are driving badly, you can also be prosecuted for careless driving or dangerous driving, which carry much higher penalties. If you kill someone in an accident caused by phoning or texting etc. you can expect a lengthy prison sentence.

Note that it is lawful for someone to use a mobile phone whilst driving if they are using it to call the police, fire, ambulance or other emergency service on 112 or 999, they are acting in response to a genuine emergency and it is unsafe or impracticable for them to cease driving in order to make the call.

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