Insurance
What is a CU80 conviction?
The penalties for using a mobile phone while driving
Ryan Barham
Last updated: 22/01/2026
Ryan Barham
Last updated: 22/01/2026
Your favourite TikToker may be documenting their latest road trip and talking to the camera while driving, but you need to think very carefully if you plan on doing the same. You don’t want to land yourself an unnecessary fine - or put yourself and other road users at risk.
The Highway Code states: ‘You must stay in full control of your vehicle at all times’ while driving. If the police stop you and believe you’re not in control, you could be prosecuted.
The penalties for holding and using a phone (or sat nav, tablet, any device that can send and receive data) while driving or riding a motorbike are:
*Under the New Drivers Act, your licence will be revoked if you reach 6 points within 24 months of driving. A CU80 is automatically 6 points, hence you’ll lose your licence.
You can also get 3 penalty points if you don’t have a full view of the road and traffic ahead (a mount or cradle could block this), or proper control of the vehicle. This can also lead to a ban and a maximum fine of £1,000 (£2,500 if driving a lorry or bus).
While influencers may look and sound impressive while filming in their cars, it’s important to stick to the rules of The Highway Code. If you’re caught using a phone while driving, you could receive a CU80 conviction.
Action | Potential penalty |
Holding/Using a device | 6 points + £200 fine |
Obstructed view | 3 points + up to £1,000 fine |
If you’re a new driver caught using a phone while driving | Immediate loss of licence |
A CU80 offence falls under Construction and use offences. It is described as a ‘Breach of requirements as to control of the vehicle, such as using a mobile phone’ and could land you with between 3 and 6 penalty points, plus a £200 fine.
A CU80 endorsement will stay on your driving record for four years from the date of offence, and could affect future annual premiums as insurers may deem you a higher-risk driver. They might even decline your quote. Having a CU80 on your licence can also significantly increase the cost of temporary car insurance.
The simple answer is no, it’s illegal to touch your phone or any other device while driving. This is because it distracts you from what’s going on on the road, putting both you and other road users at risk.
The only exceptions to this are:
Even if your phone is in a mount, you can still be charged for driving without due care and attention. If you’re too busy focusing on the screen, you may lose control of the vehicle and this can not only cause great injury and distress but also lead to fines of up to £1,000. You must also ensure your windscreen offers a clear view, free from obstructions.
You can use a hands-free phone for navigation purposes, via voice activation or dashboard integration, as long as it doesn’t distract you.
The Highway Code indicates dashcams should not intrude more than 40mm into the windscreen wiper space. Dashcams are legal and are increasingly popular as they can be used to share footage with police and insurers. However, you will have to be aware of various GDPR rules.
The only way to safely film yourself in a car - with no chance of a penalty - is while you are parked up with the engine switched off. You should set up your dash cam or recording equipment before recording and only start the engine after finishing.
Try to drive free from distractions so you can keep your eyes on the road. If you’re heading out on a road trip, take out some temporary car insurance to share the drive. Remember, a passenger can film in the car as long as they do not obstruct the driver’s view.
https://www.gov.uk/penalty-points-endorsements/endorsement-codes-and-penalty-points
https://www.roadtrafficlaw.com/cu80-driving-offence-penalty-codes-explained
https://www.legislation.gov.uk/ukpga/1995/13/contents
https://www.moneyexpert.com/car-insurance/cu80-convictions-explained/
https://www.gov.uk/using-mobile-phones-when-driving-the-law
https://offencecode.uk/offence/driver-not-in-position-to-have-proper-control/
No, you cannot use your phone while driving, even if you are stuck in standstill traffic. The law applies when you are driving on public roads. This includes when waiting at traffic lights or while queueing. You can only legally touch your phone once you have safely parked, but you can use hands-free features for navigation/dashboard purposes.
If you’re in your first 24 months of driving and receive 6 points, you will lose your licence. A CU80 offence (using a mobile device while driving) carries an automatic 6 points, meaning you will immediately lose your licence if you are a new driver.
Passengers can film content while the car is moving, but they cannot obstruct the driver’s view of the road or make them lose control of the vehicle.
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