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#Post#: 80384--------------------------------------------------
Pressing Mobile Phone Unlock
DIR By: GreyToyota10
Date: July 10, 2025, 4:49 am
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Hi, I was pulled over yesterday for using my mobile phone and
was informed I was being issued a caution. At the time my phone
was on my seat while I was looking at directions. The screen
went off so I pressed the button on the side to make the
directions come back up and I admitted this to the police. I
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
#Post#: 80387--------------------------------------------------
Re: Pressing Mobile Phone Unlock
DIR By: 666
Date: July 10, 2025, 5:26 am
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--- Quote from: GreyToyota10 link ---
>
> Hi, I was pulled over yesterday for using my mobile phone and
was informed I was being issued a caution.
>
>
>
--- End Quote ---
Did the officer really say that, or is that your interpretation?
The words he used are important.
#Post#: 80391--------------------------------------------------
Re: Pressing Mobile Phone Unlock
DIR By: GreyToyota10
Date: July 10, 2025, 5:36 am
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--- Quote from: 666 link ---
>
> [quote author=GreyToyota10 link=topic=7202.msg80384#msg80384
date=1752140953]
> Hi, I was pulled over yesterday for using my mobile phone and
was informed I was being issued a caution.
>
>
>
--- End Quote ---
Did the officer really say that, or is that your interpretation?
The words he used are important.
[/quote]
I believe he said this (can't be 100%).
#Post#: 80409--------------------------------------------------
Re: Pressing Mobile Phone Unlock
DIR By: NewJudge
Date: July 10, 2025, 7:04 am
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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.
#Post#: 80438--------------------------------------------------
Re: Pressing Mobile Phone Unlock
DIR By: Reentrant
Date: July 10, 2025, 8:16 am
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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?
#Post#: 80445--------------------------------------------------
Re: Pressing Mobile Phone Unlock
DIR By: 666
Date: July 10, 2025, 8:34 am
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--- Quote from: Reentrant link ---
>
> 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?
>
--- End Quote ---
No, it doesn't.
But the police's version of events is different.
#Post#: 81398--------------------------------------------------
Re: Pressing Mobile Phone Unlock
DIR By: pcnman
Date: July 17, 2025, 4:55 am
---------------------------------------------------------
--- Quote from: 666 link ---
>
> [quote author=Reentrant link=topic=7202.msg80438#msg80438
date=1752153394]
> 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?
>
--- End Quote ---
No, it doesn't.
But the police's version of events is different.
[/quote]
But in a cradle isnt `hand-held` and if you touch it youve
comitted the offence, why would `on the seat` make a difference?
#Post#: 81400--------------------------------------------------
Re: Pressing Mobile Phone Unlock
DIR By: Dave Green
Date: July 17, 2025, 5:22 am
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--- Quote from: pcnman link ---
>
> [quote author=666 link=topic=7202.msg80445#msg80445
date=1752154489]
> [quote author=Reentrant link=topic=7202.msg80438#msg80438
date=1752153394]
> 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?
>
--- End Quote ---
No, it doesn't.
But the police's version of events is different.
[/quote]
But in a cradle isnt `hand-held` and if you touch it youve
comitted the offence, why would `on the seat` make a
difference?[/quote]
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.
#Post#: 81409--------------------------------------------------
Re: Pressing Mobile Phone Unlock
DIR By: Nevermind
Date: July 17, 2025, 6:05 am
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--- Quote from: pcnman link ---
>
> But in a cradle isnt `hand-held` and if you touch it youve
comitted the offence, why would `on the seat` make a difference?
>
--- End Quote ---
I believe you're incorrect. Touching a device in a cradle is
*not* in itself an offence.
#Post#: 81435--------------------------------------------------
Re: Pressing Mobile Phone Unlock
DIR By: Freecall
Date: July 17, 2025, 8:26 am
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--- Quote from: Nevermind link ---
>
>
> I believe you're incorrect. Touching a device in a cradle is
*not* in itself an offence.
>
>
--- End Quote ---
You can find a reasonably good explanation here
HTML https://www.gov.uk/using-mobile-phones-when-driving-the-law<br
/>written in accessible language.
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