he was not in full control of the vehicle.
I do get that, but that's not the offence which was charged.
The offence of not being in control of the vehicle is a "con & use" offence which adequately deals with mobile phones
Driver's control
104. No person shall drive or cause or permit any other person to drive, a motor vehicle on a road if he is in such a position that he cannot have proper control of the vehicle or have a full view of the road and traffic ahead.
https://www.legislation.gov.uk/uksi/198 ... n/104/made
IIRC, road safety campaigners pressed for the creation of a specific mobile phone offence - in spite of lawyers' warnings - and this was the result
Amendment of the Road Vehicles (Construction and Use) Regulations 1986
2. The Road Vehicles (Construction and Use) Regulations 1986(1) are amended by inserting after regulation 109—
“Mobile telephones
110.—(1) No person shall drive a motor vehicle on a road if he is using—
(a)a hand-held mobile telephone; or
(b)a hand-held device of a kind specified in paragraph (4).
(2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using—
(a)a hand-held mobile telephone; or
(b)a hand-held device of a kind specified in paragraph (4).
(3) No person shall supervise a holder of a provisional licence if the person supervising is using—
(a)a hand-held mobile telephone; or
(b)a hand-held device of a kind specified in paragraph (4),
at a time when the provisional licence holder is driving a motor vehicle on a road.
(4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.
(5) A person does not contravene a provision of this regulation if, at the time of the alleged contravention—
(a)he is using the telephone or other device to call the police, fire, ambulance or other emergency service on 112 or 999;
(b)he is acting in response to a genuine emergency; and
(c)it is unsafe or impracticable for him to cease driving in order to make the call (or, in the case of an alleged contravention of paragraph (3)(b), for the provisional licence holder to cease driving while the call was being made).
(6) For the purposes of this regulation—
(a)a mobile telephone or other 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;
(b)a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence);
(c)“interactive communication function” includes the following:
(i)sending or receiving oral or written messages;
(ii)sending or receiving facsimile documents;
(iii)sending or receiving still or moving images; and
(iv)providing access to the internet;
(d)“two-way radio” means any wireless telegraphy apparatus which is designed or adapted—
(i)for the purpose of transmitting and receiving spoken messages; and
(ii)to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz; and
(e)“wireless telegraphy” has the same meaning as in section 19(1) of the Wireless Telegraphy Act 1949(2).”
https://www.legislation.gov.uk/uksi/200 ... ion/2/made
You don't need to be the Lord Chief Justice to see that the specific mobile phone offence has a lot of ... er ... loopholes
The CPS advice on this is equally detailed but this is the important bit in this context
For the purposes of section 41D and Regulation 110 the “use” must be for an interactive communication function (Baretto paragraph 37.) The legislation does not prohibit all uses of mobile telephones or other devices, just calls or other interactive communications if the phone or device is held at some stage during that process (Baretto paragraph 47.)(My bold)
https://www.cps.gov.uk/legal-guidance/r ... ile-phones