Taking customer calls while driving the van: the law

Why the van is where calls get answered badly

For many trade businesses the van is the office. A large share of the construction workforce is self-employed, around 619,000 of 2.29 million workforce jobs in June 2026^[1], and for most of those people there is nobody else to take the call. Customers ring between jobs, which is exactly when you are driving between jobs.

This guide explains what the law allows, what the Highway Code adds, and how to set up your phone and your business so that customers still get a quick response without you breaking the law or putting anyone at risk.

What the law says

It is illegal to hold and use a phone, sat nav, tablet or any device that can send or receive data while driving^[2]. The rule covers making calls, answering them, reading or sending texts, checking the diary and taking photos. It applies when you are stopped at traffic lights and when you are queuing in traffic^[2].

The penalties

You can get 6 penalty points and a £200 fine if you hold and use a phone while driving^[2]. If the case goes to court you can also be banned from driving and fined up to £1,000, or £2,500 for lorry and bus drivers^[2]. Drivers who passed their test in the last two years lose their licence^[2], which matters for younger engineers and apprentices on their first company van.

For a one-van business, a ban is not only a personal problem. It can stop the business trading until you find someone to drive you, and it may affect your van insurance at renewal.

Hands-free is legal but not risk-free

Rule 149 of the Highway Code says you must exercise proper control of your vehicle at all times and must not use a hand-held mobile phone or similar device. It adds that using hands-free equipment is also likely to distract your attention from the road, and advises finding a safe place to stop first or using voicemail and listening to messages later^[3].

In practice, a short call to confirm you are on your way is very different from a ten-minute conversation about a quote, an angry customer or a fault you are trying to diagnose. Treat hands-free as a way to take short, simple calls on quiet roads, not as a mobile office.

What the casualty data shows for vans

Department for Transport statistics record the factors police judge to have contributed to collisions. In fatal and serious collisions, 4% of van drivers assigned at least one factor were assigned using a mobile device, compared with 2% of car drivers^[4]. Overall, 3% of fatal collisions involved a driver or rider assigned that factor^[4].

These figures are likely to understate the true picture, because the factor is recorded at the scene. The point for a trade business is simple: van drivers are more often recorded as distracted by phones than car drivers, and most van drivers in the trades are working, not commuting.

A safer system for enquiries on the road

1. 01

   Plan the call windows

   Look at the day’s route and pick two or three natural stops, such as arriving at a job, the merchant’s car park and lunch. Those are when you return calls.

2. 02

   Turn on a driving focus mode

   Most phones can detect driving and hold notifications. Set an automatic reply for callers and allow only emergency contacts through.

3. 03

   Write a reply that sells the callback

   Example reply: Driving at the moment, I will call you back within the hour. If it is a gas leak, call 0800 111 999 now.

4. 04

   Divert the business number when you can

   If you have an office, a partner or a colleague on site, divert calls to them during long drives.

5. 05

   Use voicemail properly

   A clear greeting asking for name, postcode and the problem means you can call back ready to help.

6. 06

   Stop properly to call back

   A legal parking space with the engine off. Lay-bys are fine; a motorway hard shoulder is only for emergencies.

Myths that get drivers caught

• I can answer if I am stuck in traffic. No: queuing in traffic and waiting at lights both count as driving.
• It is fine if the call is on speaker. Only if you are not holding the phone at any point, including to answer or end the call.
• I was only checking the address. Reading the diary or a map on a phone you are holding is using it.
• The engine was running but I had pulled in. If you are not safely parked, you are still at risk. Pull in properly and turn the engine off.
• A quick text at the lights does no harm. It carries the same 6 points and fine as a call, and it takes your eyes off the road for longer.

Tell customers how you work

Customers are more patient when they know what to expect. Put a short line on your website, your quotes and your booking confirmations saying that engineers do not take calls while driving and that you return calls within a set time. Many customers will read it as a sign of a professional, safety-minded firm.

The same applies on the call itself. If you answer on hands-free and the call needs more than a minute, say so plainly: I am driving, can I ring you back in ten minutes when I have stopped? That one sentence keeps the customer, keeps your licence and keeps your attention on the road.

If you employ drivers

Set a written phone policy and make sure your working practices do not push drivers to answer on the move. A driver who knows the office will be annoyed if a customer waits ten minutes is a driver who will reach for the phone.

• State that no driver may hold a phone while driving, including at lights and in queues.
• Fit fixed cradles or use the van’s built-in system, and set phones to driving mode as standard.
• Do not schedule calls, such as morning briefings or customer updates, during driving time.
• Give the office or an answering service the job of taking customer calls while engineers drive.
• Treat new drivers with extra care, given that they lose their licence on a first offence.
• Include phone use in your van inductions and in any review after a near miss.

Example: a heating engineer’s Tuesday

Example. A fictional engineer has five jobs spread across a town and two villages. Before leaving home she checks the route and sees three stops: the first job at 8.30, the merchant at 11 and lunch at 1. Her phone switches to driving mode as soon as the van moves. Callers get a text saying she will ring within the hour, with the gas emergency line included.

Example, continued. By the merchant stop she has four missed calls. Parked in the car park, she rings back a no-heat call first, books it for 3pm, sends a holding text to a landlord asking for access details, and leaves the quote enquiry for lunch. Nobody waited more than about an hour, and she never touched the phone at the wheel.

For ideas on cutting the number of hours spent driving in the first place, see our guide to route planning. If calls are being missed on site rather than on the road, read our advice on answering calls when you are up a ladder, and use our callback routine to make sure the people who rang hear back quickly.