A rule that applies to the passenger seat too
Learner drivers, and the people who supervise them, often assume the handheld phone ban is about the person with their hands on the wheel. In Great Britain, the regulation also reaches supervisors. This article summarises regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986, which legislation.gov.uk shows as extending to England, Wales and Scotland, and the GOV.UK guidance “Using a phone, sat nav or other device when driving”. The GOV.UK page does not state its geographical coverage, and Northern Ireland is outside the scope of this article. It is general information, not legal advice.
What the regulation prohibits
Regulation 110 forbids drivers from using a hand-held mobile phone or similar device while driving on a road. Legislation.gov.uk shows that it also prevents supervisors of provisional licence holders from using such devices while supervising. A device counts as hand-held if it is, or must be, held at some point while being used, wording added by a 2022 amendment. The regulation covers phones and devices capable of transmitting and receiving data, whether or not those capabilities are enabled, and excludes two-way radios.
The regulation defines “using” broadly, through a list of activities that includes illuminating the screen, checking notifications, unlocking the device, making calls, sending or receiving content, recording, drafting text, accessing stored data, using applications and browsing the internet. In practice, that covers far more than calls and texts.
What GOV.UK says
GOV.UK says a driver must not use a device in their hand for any reason, whether online or offline. Prohibited uses include texting, making calls, taking photos or videos and browsing the web. It says the law applies even when the driver is stopped at traffic lights, queuing in traffic or supervising a learner driver. That wording matters for anyone accompanying a learner.
Hands-free use is permitted where the device is operated through a Bluetooth headset, voice commands, a dashboard holder or a windscreen mount, provided it does not obstruct the driver’s view of the road. The GOV.UK page also says a driver can get 3 penalty points if they do not have a full view of the road and traffic ahead or proper control of the vehicle.
Full control and the view of the road
The GOV.UK guidance adds a separate duty. Hands-free devices must not block the driver’s view of the road and traffic ahead, and a driver must stay in full control of the vehicle at all times. It says the police can stop a driver they think is not in control because they are distracted, and that the driver can be prosecuted. This means a device used hands-free can still be a problem if it distracts the driver or obstructs the windscreen.
The exceptions
Hand-held use is permitted only in limited circumstances. Regulation 110 lists emergency calls to 112 or 999 when it is unsafe to stop, remote-controlled parking, contactless payments when the vehicle is stationary, added in 2022, and communications by emergency services using approved networks, added in 2024. GOV.UK summarises the exceptions for drivers as emergency calls when it is unsafe to stop, being safely parked, contactless payments at drive-throughs and remote vehicle parking.
Because the drive-through payment exception applies only when the vehicle is stationary, and a supervised learner is still subject to the same regulation, the simplest approach for a lesson or practice drive is to set navigation and music before starting.
Penalties
GOV.UK says the standard penalty for illegal use of a device is six penalty points and a £200 fine. If the case goes to court, it says a driver may be banned and the maximum fine is £1,000, or £2,500 for drivers of lorries and buses. Because these amounts are set by government, the GOV.UK page is the reference for the current figures.
For drivers who passed their test in the last two years, GOV.UK says they will also lose their licence. That follows from the six-point threshold for new drivers, which the drink-driving article on this site and the New Drivers Act article explain in more detail. A learner is therefore building a record from the first day: penalty points on a provisional licence carry over to the full licence.
Practical points for learners and supervisors
A learner should not touch their phone while driving, and a supervising driver should not use one in the passenger seat while supervising, according to regulation 110. Both should put phones away or use a hands-free arrangement that meets the GOV.UK conditions, and agree beforehand who handles directions.
The bottom line
In Great Britain, holding and using a phone or other data-capable device while driving is illegal for any reason, and regulation 110 extends the prohibition to supervisors of provisional licence holders. Exceptions are narrow, penalties include six points and a £200 fine at the fixed-penalty stage, and a new driver risks losing their licence. Set up navigation before the journey and use hands-free options that leave the road view clear.
Sources
- legislation.gov.uk, “The Road Vehicles (Construction and Use) Regulations 1986, regulation 110”
- GOV.UK, “Using a phone, sat nav or other device when driving”