The Law for using Mobile Devices. Article 149 and 110
Rule 149
You MUST exercise proper control of your vehicle at all times. You MUST NOT use a hand-held mobile phone, or similar device, when driving or when supervising a learner driver, except to call 999 or 112 in a genuine emergency when it is unsafe or impractical to stop. Never use a hand-held microphone when driving. Using hands-free equipment is also likely to distract your attention from the road. It is far safer not to use any telephone while you are driving or riding - find a safe place to stop first or use the voicemail facility and listen to messages later.
You may park your vehicle using a hand-held remote control app or device. The app or device MUST be legal, and you should not put other people in danger when you use it.
Laws RTA 1988 sects 2 & 3, & CUR regs 104 & 110
“Hand-held/Hand-held mobile phone”
Regulation 110(6)(a) states that a mobile phone or device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call, or performing any other interactive communication function.
The term "mobile phone" will cover cell-phones and smart phones.
“Hand-held device”
Regulation 110(4) defines a hand-held device as a device which performs an interactive communication function by transmitting and receiving data. This does not include a two-way radio using specific frequencies as set out in Regulation 110 (6)(d). Regulation 110(6)(c) provides a non-exhaustive list of "interactive communication functions" such as: sending or receiving oral or written messages, sending or receiving facsimile documents, sending or receiving still or moving images, and providing access to the internet. As internet communication is included, the interaction does not therefore have to be with another person.
“Use”
A phone or device will be in use where it is making or receiving a call, or performing any other interactive communication function whether with another person or not.
The particular use to which the mobile phone must be put is not defined as an element of the offence. The prosecution must merely prove that the phone or the other device was hand-held by the person at some point during its use at a time when the person was driving a vehicle on a road.
It therefore follows that the phone or device does not need to be seized before a prosecution can be brought.
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