• Hmm so the exact wording is that they have to be actually using the mobile telephone or an interactive communication device:

    [F141DBreach of requirements as to control of vehicle, mobile telephones etc.

    A person who contravenes or fails to comply with a construction and use requirement—
    ...
    (b)as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device, is guilty of an offence.]

  • the other part is relevant too:

    (a)as to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or not causing or permitting the driving of a motor vehicle by another person in such a position

  • while using a hand-held mobile telephone

    So it doesn't say anything about communication has to be happening.

    Holding the phone is using the phone. Or are people waving around phones that they've turned off before getting in their cars (yeah right).

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