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#Post#: 84250--------------------------------------------------
Conditional Offer Fixed Penalty Use of Handheld Mobile
Phone/device while driving
DIR By: subs187
Date: August 5, 2025, 10:21 am
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Hi
Whilst stationary at traffic lights I placed a mobile on charge
and there was a police officer in the next lane who then pulled
me over and said he would report me for the offence of using
handheld mobile device whilst driving. I have now received an
offer of 6 points and fine.
I know the law has changed over the years on mobile phones so
wanted to check I did not use the phone to make calls or text
etc so is an offence still committed even if you pick up a phone
to place on charge. The officer said he would note down that I
was putting the phone on charge.
Thanks
#Post#: 84255--------------------------------------------------
Re: Conditional Offer Fixed Penalty Use of Handheld Mobile
Phone/device while driving
DIR By: andy_foster
Date: August 5, 2025, 10:50 am
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It is a specific offence to "use" a hand-held phone while
driving. Use does not have to be for interactive communications,
but it must be being used.
The law was amended after a high profile case where a driver was
acquitted after being caught using his phone to film an RTA
which caused the traffic jam he had just gotten to the front of.
IMHO, charging a phone is not "using" it, and to argue otherwise
would be to much violence to the English language.
Many "mobile phone" offences would also constitute an offence of
careless driving, or driving whilst not in a position to be in
proper control. When stopped at the traffic lights, such
offences would seem to be difficult to prove. Personally, I
would question whether being stopped at traffic lights even
constitutes driving for the purposes of the mobile phone
legislation, but that is a discussion to have elsewhere.
#Post#: 84360--------------------------------------------------
Re: Conditional Offer Fixed Penalty Use of Handheld Mobile
Phone/device while driving
DIR By: Dave Green
Date: August 6, 2025, 4:24 am
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--- Quote from: subs187 link ---
>
> so wanted to check I did not use the phone to make calls or
text etc so is an offence still committed even if you pick up a
phone to place on charge. The officer said he would note down
that I was putting the phone on charge
--- End Quote ---
Since the relevant legislation was amended, the term of using
the phone doesn't only mean making calls or texts.
Simply illuminating the screen is enough to qualify so if you
had to do this to check the state of charge of the battery, you
were using your phone.
#Post#: 84374--------------------------------------------------
Re: Conditional Offer Fixed Penalty Use of Handheld Mobile
Phone/device while driving
DIR By: BertB
Date: August 6, 2025, 4:59 am
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And what if he didn't illuminate his screen? My phone lights up
itself when it sends me a low battery notification, it also has
a distinctive sound notification. I don't even need to look at
it to know what it is after.
The law states holding and using. Can plugging a phone in to
charge while stationary be described as 'using'? I can't see
anywhere that states 'charging' within the defined descriptions
of 'use'. Obviously they will charge for the offence of using,
but has anyone argued this point in a court before?
#Post#: 84384--------------------------------------------------
Re: Conditional Offer Fixed Penalty Use of Handheld Mobile
Phone/device while driving
DIR By: andy_foster
Date: August 6, 2025, 5:21 am
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If anyone else wants to hypothesise over what the OP may or may
not have done but decided not to trouble us with the details, I
will be more than happy to abuse what little power I have as a
mod.
#Post#: 84389--------------------------------------------------
Re: Conditional Offer Fixed Penalty Use of Handheld Mobile
Phone/device while driving
DIR By: NewJudge
Date: August 6, 2025, 5:36 am
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The law states holding and using.
It's not quite so straightforward, Bert.
It defines what a handheld device is and says you must not use
one whilst driving.
If the OP decides to challenge this it would be for a court to
decide those three issues. I would imagine the only one in
dispute would be whether or not the device was being "used." I
don't think anyone on here can realistically say how that might
go.
#Post#: 84390--------------------------------------------------
Re: Conditional Offer Fixed Penalty Use of Handheld Mobile
Phone/device while driving
DIR By: BertB
Date: August 6, 2025, 5:38 am
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Yeah I was wondering if anyone had challenged that term. But I
don't want to get told off again so I'll leave it from here :D
#Post#: 84404--------------------------------------------------
Re: Conditional Offer Fixed Penalty Use of Handheld Mobile
Phone/device while driving
DIR By: subs187
Date: August 6, 2025, 6:49 am
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Thanks for the responses.
Yes the mobile was picked up momentarily to put it on charge and
the police officer also said 'you put your mobile on charge'
West Yorkshire Police website states the following however there
is nothing about picking up a mobile to place on charge.
'A mobile telephone or oth[/i]er device is to be treated as
hand-held if it is, or must be, held at some point while being
used.
Using includes the following –
Illuminating the screen
Checking the time
Checking notifications
Unlocking the device
Making, receiving, or rejecting a telephone or internet-based
call
Sending, receiving or uploading oral or written content
Sending, receiving or uploading a photo or video
Utilising camera, video, or sound recording functionality
Drafting any text
Accessing any stored data such as documents, books, audio files,
photos, videos, films, playlists, notes or messages
Accessing an application
Accessing the internet.
What does this mean?
The offence of using a hand-held mobile phone or similar device
is triggered when a driver holds a mobile phone or similar
device and uses it, regardless of whether that use involves
interactive communication'[/b]
#Post#: 84416--------------------------------------------------
Re: Conditional Offer Fixed Penalty Use of Handheld Mobile
Phone/device while driving
DIR By: andy_foster
Date: August 6, 2025, 7:25 am
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There is an non-exhaustive indicative list of "uses" within the
legislation, which presumably has been copied into the po-po's
website.
The crux of the matter is that it is an offence to "use" a
hand-held mobile phone while driving. A non-exhaustive list of
purposes for which which a device that must not be used must not
be used for is on the face of it somewhat redundant, other than
to clarify that use means use - which is to say that it must
serve some purpose, whether that purpose involves interactive
communication or otherwise.
I would suggest that it would be somewhat difficult to argue
that merely charging a phone constituted use for the purposes of
the relevant legislation, but as has been suggested without any
binding case law on the narrow point, nobody can be absolutely
certain what any given bench might decide.
Unless you happen to find some binding case law on the narrow
point, nothing you find will change this.
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