CU80 Mobile Phone Convictions and Your Car Insurance

At a Glance

CU80 is the DVLA offence code for “breach of requirements as to control of the vehicle, such as using a mobile phone”, carrying 3 to 6 penalty points.
You can get 6 penalty points and a �200 fine for holding and using a phone while driving, according to gov.uk.
CU80 stays on your driving record for 4 years from the date of the offence.
Six points on one offence puts many drivers close to a totting-up ban (12 points in 3 years); new drivers can lose their licence at 6 points.
Premiums may vary based on your individual circumstances, and cover is subject to eligibility and underwriting. A specialist broker can help if you have been declined.

What the CU80 code means

If you have been convicted of using a mobile phone at the wheel, your driving record is likely to show the offence code CU80. The DVLA records offence codes on the drivers’ database so that third parties, including insurance companies and the police, can view the information online, according to DVLA guidance on gov.uk.

The offence description for CU80 is “breach of requirements as to control of the vehicle, such as using a mobile phone”. The DVLA endorsement code reference shows the penalty point range for CU80 as 3 to 6, according to the DVLA code table on gov.uk.

A CU80 endorsement must stay on your driving record for 4 years from the date of the offence, per the DVLA code table. This is the period the endorsement remains visible on your record, which is a different matter from disclosure to insurers, covered further below.

The penalties you can face

You can get 6 penalty points and a �200 fine if you hold and use a phone, sat-nav, tablet, or any device that can send and receive data while driving or riding a motorcycle, according to gov.uk guidance on using mobile phones when driving. If the matter is taken to court, the fine can be up to �1,000, or up to �2,500 for bus or lorry drivers, according to the same guidance.

Some situations remain permitted. Drivers can make contactless payments at drive-throughs so long as the vehicle is stationary, and can still use a device hands-free while driving if it is secured in a cradle, for example for sat-nav use, according to the gov.uk news release announcing the 2022 law change. Drivers must always take responsibility for their driving and can be charged with an offence if the police find them not to be in proper control of their vehicle.

The law behind the offence

The law previously applied mainly to interactive communication, such as making a call. From 25 March 2022, it became illegal to use a handheld mobile phone while driving under virtually any circumstance, including to take photos or videos, scroll through playlists or play games, according to the gov.uk news release. The change followed a public consultation that found 81% of people supported such a move, per the same release.

You can read more about the strengthening of the law on the gov.uk mobile phones guidance and the associated gov.uk news release, both listed in the sources below.

Why CU80 affects your insurance

Six penalty points on a single offence is a substantial addition to a licence, and it is one reason insurers treat CU80 as a meaningful risk factor. Premiums may rise, or some insurers may decline to quote. This is where a specialist broker for convicted drivers can be useful, because mainstream providers and aggregator sites do not always cater well for higher-risk records. Premiums may vary based on your individual circumstances, and any quote is subject to eligibility and underwriting.

Enforcement of the mobile phone rules remains active, so understanding your options after a conviction matters. An accurate, honest declaration of your motoring history usually leads to a better outcome than hoping the record goes unnoticed.

Industry insight: because a mobile phone CU80 can carry up to 6 points, a single further endorsable offence can push a driver over the totting-up threshold. Specialist underwriters pay close attention to how many points sit on a licence and how recent they are, so an accurate, honest declaration usually leads to a better outcome than hoping the record goes unnoticed.

Totting up and the disqualification risk

A driver can be disqualified if they build up 12 or more penalty points within a period of 3 years, according to gov.uk guidance on penalty points. Because a mobile phone CU80 can carry up to 6 points, a driver who already holds 6 or more points faces a real totting-up risk on a further endorsable conviction.

New drivers face an especially acute position. According to gov.uk guidance on using mobile phones when driving, you will lose your licence if you passed your driving test in the last 2 years and you are caught holding and using a phone while driving. A single mobile phone conviction can therefore end a new driver’s full licence.

It is important to know that driving while disqualified is a separate criminal offence. The code BA10, driving while disqualified by order of court, carries 6 penalty points and is recorded on the DVLA database, visible to insurers and the police, according to the DVLA code table. If you are disqualified, you must not drive until the disqualification period ends.

Disclosure to insurers and spent convictions

The length of time a motoring offence stays on your licence is governed by road traffic legislation. This is a different matter from the time it takes for a conviction to become spent under the Rehabilitation of Offenders Act 1974, and it is possible for a motoring conviction to become spent under the Act while still appearing on the driving licence.

Under the Rehabilitation of Offenders Act 1974, eligible convictions or cautions become spent after a specified period known as the rehabilitation period, according to gov.uk guidance on rehabilitation periods.

When an insurer asks about your motoring history, you have a duty to answer accurately. Non-disclosure of an unspent conviction when you are asked can void your policy, leaving you without cover. If you are in Scotland, note that prosecution and court procedure differ there, and for any legal matter you should consult a solicitor regulated by the Law Society of Scotland.

Frequently Asked Questions

How many penalty points does a CU80 mobile phone offence carry?

The CU80 code carries a range of 3 to 6 penalty points, according to the DVLA code table. Separately, gov.uk guidance on using mobile phones when driving states you can get 6 penalty points and a �200 fine for holding and using a phone while driving. If taken to court, the fine can be up to �1,000, or up to �2,500 for bus or lorry drivers.

How long does a CU80 stay on my driving record?

A CU80 endorsement must stay on your driving record for 4 years from the date of the offence, according to the DVLA endorsement code table. This record period is separate from how long the conviction remains unspent under the Rehabilitation of Offenders Act 1974.

Do I have to tell my insurer about a CU80?

When an insurer asks about your motoring history, you must answer accurately. Non-disclosure of an unspent conviction when asked can void your policy. A conviction remains disclosable while it is unspent under the Rehabilitation of Offenders Act 1974. If you are unsure, ask a specialist broker.

Can a mobile phone conviction get me banned from driving?

A driver can be disqualified if they build up 12 or more points within 3 years, per gov.uk guidance. Because the mobile phone CU80 can carry up to 6 points, a driver already holding 6 or more points faces totting-up risk. Under gov.uk guidance, you will lose your licence if you passed your test in the last 2 years and are caught holding and using a phone while driving.

Can I still use my phone for sat-nav or payments while driving?

You can use a device hands-free if it is secured in a cradle, for example for sat-nav use, and you can make contactless payments at drive-throughs so long as the vehicle is stationary, according to the gov.uk news release on the 2022 law change. You must always remain in proper control of your vehicle, or you can still be charged.

This article is for general information only and does not constitute financial, insurance or legal advice. Insurance cover is subject to eligibility and underwriting, and premiums may vary based on your individual circumstances. For advice about your situation, speak to a specialist broker or a qualified legal adviser.

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