Numerous academic studies from across the world have concluded that the using a hand-held mobile phone whilst driving significantly decreases driver performance Accordingly, the public interest will weigh in favour of a prosecution for a mobile phone offence where the evidential test is met. Alternative Offences Under section 143(1)(a) RTA 1988 "a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of that vehicle by that person... a policy of insurance...". Under section 145 RTA 1988 the policy must be issued by an authorised insurer and must insure for death or bodily injury to any person, or damage to property, caused by, or arising out of, the use of a vehicle on a road in Great Britain, i.e. third party insurance. Regulation 110(6)(c) provides a non-exhaustive list of actions which amount to “using” a hand-held mobile phone/device. However, although the House of Lords in Pinner v Everett held that a person might still be driving even when they turned off the engine and got out of the car it is unlikely, other than in exceptional circumstances, to be appropriate to use section 41D RTA 1988 to prosecute any person who in these circumstances used a hand-held mobile phone or other device. See “Public Interest” below. Defences See Wilkinson's Road Traffic Offences for commentary regarding Notices of Intended Prosecution. Limitation of Time

There has, however, been extensive case law on the subject and the main point that emerges is what is known as the reasonable man test as per the following cases:evidence of a person who was present in court when the defendant was convicted on an earlier occasion and able to identify them as present in court Signed: ............................................................................. Crown Prosecutor Police Officer It is an offence under section 41D(b) RTA 1988 to contravene Regulation 110. The penalty imposed will depend upon the type of vehicle driven. Key Definitions “Hand-held” See sections on Dangerous Driving and Driving without Due Care and Attention under Road Traffic - Fatal Offences and Bad Driving.

Although this is the legal definition, ultimately it is a matter of fact and degree for a court to interpret as to whether or not a vehicle is a motor vehicle at the time of the incident. There will be occasions where although the offence under section 22A RTA 1988 is made out, the charging of one of the less serious offences listed above will be more appropriate. Failing to Stop/Report an Accident section 65 Public Passenger Vehicles Act 1981 - the forgery or alteration of a licence, certificate or operator's disc issued under the Act, likewise the use with intent to deceive of anything resembling such a document. This is an either way offence; In deciding whether the use falls within the ambit of the Regulations, prosecutors should have regard to the ejusden generis rule, i.e. "that a provision in the statute is, broadly speaking, to be interpreted as including things of a like kind" (see R v Uxbridge Justices [1994] 2 CMLR 288).The Regulations were amended by the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022 (“the 2022 Regulations) which came into force on 25 March 2022 and widen the scope of the offence to include any use of a hand-held mobile phone or other interactive communication device. Offences relating to use of hand-held mobile phones or other devises