Free Traffic Legal Advice

Unfortunately the offence isn't using it but is handling it/touching it when it is not in a holder so it sounds as if you are bang to rights. Past driving record is irrelevant. Others may have further comment though.

Can I request their evidence?

Quote from: Rallyman72 on October 23, 2024, 12:46:17 pm

Unfortunately the offence isn't using it but is handling it/touching it when it is not in a holder so it sounds as if you are bang to rights. Past driving record is irrelevant. Others may have further comment though.

See post by AGTLAW (a well respected motoring lawyer) on Pistonheads where he says

The offence is made out when driving and holding a phone in your hand and using that phone.

- all three elements necessary.

It’s illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle.

This means you must not use a device in your hand for any reason, whether online or offline.

For example, you must not text, make calls, take photos or videos, or browse the web.

The law still applies to you if you’re:

    stopped at traffic lights
    queuing in traffic
    supervising a learner driver
    driving a car that turns off the engine when you stop moving
    holding and using a device that’s offline or in flight mode

Quote from: Rallyman72 on October 23, 2024, 06:16:42 pm

The law actually says:

Quote

It’s illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle.

This means you must not use a device in your hand for any reason, whether online or offline.

For example, you must not text, make calls, take photos or videos, or browse the web.

The law still applies to you if you’re:

    stopped at traffic lights
    queuing in traffic
    supervising a learner driver
    driving a car that turns off the engine when you stop moving
    holding and using a device that’s offline or in flight mode

What law actually says all that?

1.  These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003 and shall come into force on 1st December 2003.
Amendment of the Road Vehicles (Construction and Use) Regulations 1986

2.  The Road Vehicles (Construction and Use) Regulations 1986(2) are amended by inserting after regulation 109—
“Mobile telephones

110.—(1) No person shall drive a motor vehicle on a road if he is using—

(a)a hand-held mobile telephone; or

(b)a hand-held device of a kind specified in paragraph (4).

(2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using—

(a)a hand-held mobile telephone; or

(b)a hand-held device of a kind specified in paragraph (4).

(3) No person shall supervise a holder of a provisional licence if the person supervising is using—

(a)a hand-held mobile telephone; or

(b)a hand-held device of a kind specified in paragraph (4),

at a time when the provisional licence holder is driving a motor vehicle on a road.

(4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.

(5) A person does not contravene a provision of this regulation if, at the time of the alleged contravention—

(a)he is using the telephone or other device to call the police, fire, ambulance or other emergency service on 112 or 999;

(b)he is acting in response to a genuine emergency; and

(c)it is unsafe or impracticable for him to cease driving in order to make the call (or, in the case of an alleged contravention of paragraph (3)(b), for the provisional licence holder to cease driving while the call was being made).

(6) For the purposes of this regulation—

(a)a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;

(b)a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence);

(c)“interactive communication function” includes the following:

(i)sending or receiving oral or written messages;

(ii)sending or receiving facsimile documents;

(iii)sending or receiving still or moving images; and

(iv)providing access to the internet;

(d)“two-way radio” means any wireless telegraphy apparatus which is designed or adapted—

(i)for the purpose of transmitting and receiving spoken messages; and

(ii)to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz; and

(e)“wireless telegraphy” has the same meaning as in section 19(1) of the Wireless Telegraphy Act 1949(3).”

Quote

It might have been better if I'd quoted this...

I think my precis in reply #6 covers it:

Quote

it defines what a hand-held device is and goes on to say that you mustn't use one whilst driving.