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COMAND not taking the fastest route

but it would be interested to hear how he explains the difference between touching your phone in its cradle and swiping through 6 screens on the 'glued on iPad' that your car manufacturer has thoughtfully provided to adjust the climate control.
Which is exactly why he is - for the narrow purposes of the relevant act - wrong.

The act makes it a specific offence to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle with the narrow exceptions of calling 999 or 112 in an emergency and it’s unsafe or impractical to stop; when you’re safely parked; when you’re making a contactless payment in a vehicle that is not moving, for example at a drive-through restaurant; when you’re using the device to park your vehicle remotely.

You can continue to use devices with hands-free access, as long as you do not hold them at any time during usage. Examples of such use include a Bluetooth headset; voice command; a dashboard holder or mat; a windscreen mount; a built-in sat nav. Touching is not holding.

That said, if you are distracted while touching the device - even though not holding it - you could still be reported for the separate offences of Careless or Dangerous driving.

Summary of legislation is available here:
 
I can confirm that simply picking your phone up off the floor and placing it on the passenger seat constitutes 'using it' and subject to the 6 points if caught.
 
Only if you were stopped by the worlds most miserable traffic cop.....or gave him a mouthful "no real villians to catch?"!


The wording says that in must be in hand and being used.....that's not picking it off the floor.......
 

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