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 1988The legal framework
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.
| Potential outcome | What this means |
|---|---|
| 6 penalty points | Mandatory endorsement |
| Up to £1,000 fine | Higher for goods vehicles |
| Licence revoked | If 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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