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Use of mobile telephone while driving

Road traffic — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Road traffic

Use of mobile telephone while driving

Road Vehicles (Construction and Use) Regulations 1986, reg.110; Road Traffic Act 1988, s.41D

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Summary only
Maximum penalty
See Sentencing Council guideline for the statutory maximum

Actus reus

  • Drive a motor vehicle on a road while using a hand-held mobile telephone or specified hand-held device (C&U Regulations 1986, reg.110), charged via RTA 1988, s.41D(b).

Mens rea

  • Using the hand-held device while driving. The regulation is not drafted as an intent-to-message offence — “using” is the conduct.

Defences

Not hand-held / not using it · Emergency 112/999 call exception (reg.110(5A): genuine emergency and unsafe or impracticable to stop) · Remote-controlled parking or stationary contactless-payment exceptions where those paragraphs apply · Not driving on a road

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band C fine Must endorse and impose 6 points Starting point:  Band B fine A Band C fine may be approp.

View definitive guideline ↗

At the police station

Hands-free and “I was just unlocking it” are fact-specific. Ask for the BWV stills, not a reconstruction of the text thread.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Road traffic

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.