Free Traffic Legal Advice

Looking at this document (Senior Traffic Commissioner Statutory Document No. 6 - Vocational Driver Conduct):

https://assets.publishing.service.gov.uk/media/65956a19614fa2000df3a865/Stat_Doc_6_Driver_Conduct_-_Version_11.0.pdf

It looks like he can expect his vocational licence entitlement to be suspended for four weeks (see page 30 - 1st CU80 in a commercial
vehicle. CU80 is the endorsement code for use of mobile phone). This is assuming the transgression took place whilst he was  driving a commercial
vehicle.

Did he actually receive a conviction or fixed penalty for the offence? I'm not sure whether this makes a difference.

to clarify, when you say he "looked down at his phone" which was "connected to his earphones"....
where was the phone? in his hand? on the seat? in a cradle?
connected by cable, or Bluetooth?

how did they catch him? dash cam? someone reported him?

did he touch the phone AT ALL?

We have a regular poster - Roythebus - who I believe knows a bit about the Traffic Commissioners.

So the TC is an interesting one. Not been in front of them myself (I drove PCV and work elsewhere in the industry now) But have had to study them and learn for CPC related reasons. One thing I would say off the beat, is TC driver hearings are generally open to the public, so if you want to go with your Son to watch what goes on, you can do (unless it states it's closed doors on the day) and there's the possibly that he may not be speaking to the actual TC, but a deputy on the day. Deputy's have the same power as the TC itself mind, so that point's rather moot.

My understanding is there are solicitors that deal with the TC as well, but unless you're looking at a revocation of the license or a winnable argument, I wouldn't bother personally.

The TC generally tends to take four courses of action depending on what's going on. No action, A verbal warning, A suspension or a revocation of the license. Generally we could rule out revocation and no action as they are the extreme end of the scale for both ends if you will.

The fact your son was driving and I assume, moving at the time will make this most likely lean towards as Newjudge said, towards the 4 week period. Length of service may come into account too with the TC potentially being more harsh based on less experience. One driver I spoke to who had been in front of the TC for mobile phone use (Looking at a bus stop, doors open handbrake on) was given a ban of 5 days instead of 4 weeks due to 27 years of service with no issues, this particular issue also being a report from the company (Most companies are obliged to inform the TC of these actions as part of operator license related duties)

On a note as well, with how the TC is (to my admittedly only researched and spoken to drivers viewpoint) the fact the phone was in the lap shouldn't reduce the violation. Coach/Bus/Lorry drivers shouldn't have the phone on anything but a cradle in a cab period.

This may be useful for a read to give you a heads up on how things work along with some other info
https://www.gov.uk/government/publications/a-guide-to-driver-conduct-hearings/a-guide-to-driver-conduct-hearings

IF you want to see what kind of examples of punishments that have been meted out, this is on the government website as well, however it does not include why they were at the TC, just the punishment.
https://www.gov.uk/government/publications/regulatory-decisions-made-about-the-conduct-of-professional-drivers


Not really sure of anything else truth be told, I made an account just to respond to this post

"if he looked at the phone but didn't touch it, that would be no different imo to looking at any other instrument."

But the offence is using the phone, not touching it. And there is a specific offence prohibiting the use of a hand-held phone whilst there isn't one prohibiting the use of (say) a speedometer.

I don't know very much about the work of the Traffic Commissioner and I assumed that any action taken by him would be following a conviction. But it seems not. From the same document this under the "Standard of Proof":

"In the vast majority of driver conduct cases, a traffic commissioner will be able to proceed on the basis of the facts following a conviction, fixed penalty, an endorsement or an admission of guilt. However, where no such findings have been made, the standard of proof required (in such civil proceedings) is the balance of probabilities, but the more serious the allegation the more cogent is the evidence required to overcome the unlikelihood of what is alleged and thus to prove it."

And this under "Double Jeopardy":

"The concept of double jeopardy is sometimes raised in relation to traffic commissioner led regulatory action taking place in parallel with criminal proceedings. However, the principle of double jeopardy does not apply. Case law clearly indicates that regulation would be turned on its head if disciplinary proceedings could only be taken in the less serious of cases, where there are no concurrent criminal proceedings. However, if a traffic commissioner decides to proceed in advance of the criminal proceedings elaborate steps may have to be taken to protect the fairness of those proceedings. Ultimately the decision whether or not to continue is one for the traffic commissioner hearing the matter."

Perhaps Roy can help is out.

he TC themselves do not hand out convictions, nor can they do anything to your private licences, however they do have the ability to take action against your professional licences, convention or not. If there's cctv showing the driving driving and changing music on his phone, even without a conviction the TC can take appropriate action against a licence holder.
I suspect regardless of convictions the TC would take punitive action here against the driver