Motorists face £1,000 fines for breaking 'little-known' Highway Code rule impacting millions

WATCH: The DVSA updates drivers on the latest Highway Code changes

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DVSA

Hemma Visavadia

By Hemma Visavadia


Published: 20/08/2025

- 10:12

Rule 149 of the Highway Code was updated in 2022, with tougher rules introduced for motorists who use mobile phones in vehicles

Drivers have been warned they could be at risk of breaching a major Highway Code for undertaking "little-known" road offences, experts have highlighted.

The warning follows changes to the Highway Code in 2022, which introduced stricter mobile phone laws which could lead to heavier fines even if the driver is not behind the wheel.


The changes came into effect on April 6, 2022, with amendments to Rule 149 making it an offence to use a hand-held mobile phone or similar device while driving.

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This marked a significant change from the previous rules, which only applied when the device was being used for "interactive communication", such as making or receiving a call.

Police officer and a copy of the Highway Code

The Highway Code update made using any device while behind the wheel illegal

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PA/GETTY

Rule 149 dictates: "You MUST exercise proper control of your vehicle at all times. You MUST NOT use a hand-held mobile phone, or similar device, capable of interactive communication (such as a tablet) for any purpose when driving or when supervising a learner driver.

"This ban covers all use of a hand-held interactive communication device, and it applies even when the interactive communication capability is turned off or unavailable. You MUST NOT pick up the phone or similar device while driving to dial a number and then put it in the cradle for the duration of the conversation."

The rule now applies to using almost any of the device’s features while driving, with the offence carrying a fine of up to £1,000 and six penalty points on the driver’s licence.

According to experts, the Highway Code changes now mean that even passengers could face a £1,000 fine if they are found to be distracting the driver.

Mobile phone in car

The Highway Code was updated in 2022, introducing tougher rules for mobile phone usage in vehicles

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GETTY

They warned that Britons may be unaware that passengers can also be penalised if they contribute to a lack of control over the vehicles.

Experts have now urged all road users to be aware of the rules to avoid fines and penalty points. A spokesperson from BigWantsYourCar.com said that most drivers may be aware that touching a phone while driving is illegal, "but many do not realise that passengers could also be fined".

"If a passenger’s phone use distracts the driver - whether through loud notifications, videos, or conversation - police can take action, and penalties can be severe," the expert warned.

According to the Department for Transport, motorists must have full control of their vehicle at all times. If the police believe that a passenger has been distracted due to using their phone, they can issue a fine or prosecute.

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Experts explained that for motorists supervising a learner driver, they must also follow the same laws as if they were driving.

"If you are in the passenger seat supervising a learner driver, you are legally treated as if you were behind the wheel. That means you cannot touch your phone at any point, or you risk a fine of up to £1,000 and six penalty points," the expert warned.

Even hands-free devices must be used correctly, with UK law mandating that mobile phones must not obstruct the driver's view of the road.

"Placing a phone on the dashboard or windscreen in a way that blocks visibility can lead to a fine of £1,000 and three penalty points," the expert added. "Drivers should keep their mobile mounted securely so it doesn’t interfere with their ability to see the road ahead."

Mobile phone car Drivers face a £200 fine and six penalty points if they use their phone at the wheel | GETTY

To help drivers avoid being hit with unnecessary fines, BigWantsYourCar.com advised all motorists and passengers to avoid using a phone while supervising a learner driver.

Drivers should also not play loud videos, music, or take calls that could distract the driver and keep all mobile phones securely mounted, so they don’t block the driver’s view.

The expert added, "The rules around mobile phone use are now stricter than ever. Even if you are a passenger, you could face fines or legal action if your phone use is deemed a distraction. Understanding these rules now can save motorists and their passengers from costly penalties."

The changes to rule 149, which passed through the House of Lords, were implemented through the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022.