The definition of Using a Mobile Phone While Driving is the use of a mobile-device which “must be held at some point during the course of making or receiving a call or performing any other interactive communication function.” Just to be clear, ‘Interactive communication’ is classified as sending/receiving of ‘data’ from any handheld device, i.e making Phone calls, sending/reading Text messages, picture messages or using the internet.
There is a very fine line between was does, and does not, constitute a breach of the law for using a mobile phone while driving. Technically, you can pick the phone up to check the time and put it back down again, and this is not illegal. However if you were to pick the phone up, click the button and a text message was displayed on the screen: by looking at this text message you have broken the law! The police will not take the time to have a discussion with you to ascertain what you were doing with a phone in your hand. If seen to be holding a phone while driving the police WILL pull you over and issue you with a ticket for using a mobile phone while driving.
If you are driving and do not; 1) have a hands free kit installed, or 2) use a cradle attached to your windscreen for your phone to sit on, then put your phone on silent and only respond to the person once you are parked; this means at the side of the road, with your keys out of the ignition and handbrake on. Anything other than that and you are giving the police an excuse to write you a ticket…
If you have been stopped by the police for Using a Mobile Phone while Driving, and do not believe you are guilty of the charge then contact The Road Traffic Law Team at www.roadtrafficlaw.com or call 0800 612 9597 for a FREE Case Consultation