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Using Mobile Phone

A mobile phone offence.
Six points is not minor.

A mobile phone charge carries six penalty points. For anyone close to 12 points, or within two years of passing their test, a single fixed penalty can end your licence entirely.

At a glance

s.41D RTA 1988
6 penalty pointsMandatory endorsement
Up to £1,000 fineHigher for goods vehicles
Licence revokedIf within 2 years of passing

The headline reference for this service is s.41D RTA 1988. After reviewing the facts and the procedural history of your case, I will identify the legislation and caselaw that apply to your case.

The issues I examine

Clarity first.
Then light at the end of the tunnel

The law was rewritten in 2022 and is now much broader — but it is not unlimited, and the exceptions are real.

Whether the device was held
The offence requires holding the device. Hands-free use, and a phone in a cradle, are treated differently.
Whether you were driving
Being stationary in traffic is still driving. Being safely parked with the engine off generally is not.
The contactless payment exception
Using a phone to make a contactless payment while stationary, for goods or services received at the same time, is excepted.
The emergency call exception
Calling 999 or 112 in a genuine emergency, where it is unsafe or impracticable to stop, is a defence.
The quality of the observation
Where the case rests on what an officer saw in passing, that observation can be tested.
Totting up consequences
If six points would take you to 12, the fixed penalty should not be accepted without advice.

Sentencing and possible outcomes

The court has the power to dispose of cases in multiple ways. The following are a breakdown of most disposal options and what they mean.

Headline consequences for Using Mobile Phone
Potential outcomeWhat this means
6 penalty pointsMandatory endorsement
Up to £1,000 fineHigher for goods vehicles
Licence revokedIf within 2 years of passing

What to share with me

  • Any notice, letter or charge paperwork you have received
  • The dates and location of any hearing or interview
  • Your account of what happened and any supporting documents
  • Photographs, messages, receipts, witness details or other material that may support your account
  • Details of your driving record and how a conviction or disqualification would affect other people
  • Your main concerns and the questions you want answered

Personal representation

When you instruct me, you deal directly with me. I will ensure that you clearly understand the proposed work and what it will cost.

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Your next step

Free initial consultation

Your questions matter.
Let’s talk them through.

You don’t need all the answers.
Just start with what’s happened.

Book a free consultation contact@johnviolaris.com ↗
John Violaris · Criminal Defence SolicitorEngland & Wales