04/06/2026
Using Your Phone in Stationary Traffic: Why It Still Counts as ‘Driving’
Many drivers don’t realise that you can still commit a mobile phone offence even when your car isn’t moving. Under UK law, if your engine is running. Whether you’re in slow‑moving traffic, stopped at lights, or waiting in a queue. You are still considered to be driving.
That means even brief interactions with your phone can lead to an offence. The law focuses on control of the vehicle, not the speed you’re travelling at.
Situations that still count as ‘driving’:
• Stopped at traffic lights - engine running, foot on the brake
• Stationary in congestion - even if you haven’t moved for minutes
• Waiting in queues - drive‑throughs, roadworks, junctions
• Holding the phone briefly - checking notifications, changing music, unlocking the screen
For new drivers, a single offence can trigger automatic revocation under the New Driver Act.
If you’ve been accused of a mobile phone offence in stationary traffic and believe the circumstances weren’t clear, reviewing the evidence and understanding the legal definition of “use” is essential.
If you need guidance, our team is here to help.
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