(Crown Court at Harrow) The motorist, while driving, had been using his mobile phone to listen to music which was stored in the phone. In evidence he demonstrated how he changed the music tracks on his phone which he held in his hand, using his thumb. The issue was whether that conduct constituted using a mobile phone within the meaning of Regulation 110 and Section 41D. The court ruled that it did not because it did not involve any external communication.
Citations:
Unreported, 23 September 2018
Jurisdiction:
England and Wales
Cited by:
Cited – Director of Public Prosecutions v Barreto Admn 31-Jul-2019
Non-communications use of phone not caught
The DPP appealed from a decision overturning the conviction of the respondent for the use while driving of a mobile phone to take pictures.
Held: The phrasing of the statute limited the offence to one of using the phone for communication . .
Lists of cited by and citing cases may be incomplete.
Road Traffic
Updated: 17 July 2022; Ref: scu.640139