Free Traffic Legal Advice

Hi, I was pulled over yesterday for using my mobile phone and was informed I was being issued a caution.

Did the officer really say that, or is that your interpretation? The words he used are important.

In 2022 the mobile phone law was amended so as to make just about any use of a mobile phone whilst driving an offence. Prior to that the police had to prove that it was being used for "interactive communication."

The amendment provided a useful list (which is not exhaustive) of activities which are considered using:

“(c)in paragraphs (1) to (3) the word “using” includes the following—

(i)illuminating the screen;

(ii)checking the time;

(iii)checking notifications;

(iv)unlocking the device;

(v)making, receiving, or rejecting a telephone or internet based call;

(vi)sending, receiving or uploading oral or written content;

(vii)sending, receiving or uploading a photo or video;

(viii)utilising camera, video, or sound recording functionality;

(ix)drafting any text;

(x)accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages;

(xi)accessing an application;

(xii)accessing the internet.”.

You will note Nos (i) and (iv) which I have highlighted.

Six points is the minimum for a mobile phone offence. If you see six points imposed (either by accepting a fixed penalty or as a result of a court hearing) the DVLA will write to you revoking your licence. There is no appeal against this - it is enshrined in law and it must be done.

As soon as your licence is revoked you can apply for a new one and begin driving as a provisional licence holder. You will have to take your test (both parts) again.

I thought the phone had to be hand-held and used to make the offence. OP said it was lying on the seat and he touched it with one finger - does that count as hand-held?

No, it doesn't.

But the police's version of events is different.

Quote from: 666 on July 10, 2025, 02:34:49 pm

Quote from: Reentrant on July 10, 2025, 02:16:34 pm

I thought the phone had to be hand-held and used to make the offence. OP said it was lying on the seat and he touched it with one finger - does that count as hand-held?

No, it doesn't.

But the police's version of events is different.

But in a cradle isnt `hand-held` and if you touch it youve comitted the offence, why would `on the seat` make a difference?

Touching or using a mobile phone whilst it's in a cradle or mount isn't an offence under the Road Vehicles (Construction and use) regulations. You may be guilty of careless driving but that's a different matter and not directly related to the use of the phone itself.

I believe you're incorrect. Touching a device in a cradle is *not* in itself an offence.

You can find a reasonably good explanation here written in accessible language.

snipI drive a van and the officer claimed he saw me using it in my hand above the steering wheel (the undercover police car was much lower than my van so he said that's the only way he could see me using it). I have only been driving ~15 months so as far as I can tell from what I've seen online, my licence will be taken off me.

Would I have any chance of a successful appeal after admitting to touching my phone to get the screen back on?

Thanks

I think 666 is agreeing with you, in that it's not hand held but that police may have seen it differently.

Absolutely, as the OP actually says the police claim to have seen him holding the phone, the debate around on the seat and being touched vs handheld is pretty academic. It needs some means of refuting the police claim to provide any glimmer of hope for the OP and, so far, I've not seen any.