Sounds a bit harsh to me to be honest.
The legislation looks a bit of a mess online, in that it's hard to find a complete 'current' copy of the full regulations, so you have to piece together the various amendments but I still can't see anything amongst it that suggests it's illegal to use the device when not hand held.
www.legislation.gov.uk
www.legislation.gov.uk
Some relevant bits below:
Note the references to 'hand held' and the definition of hand held to be "a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point while being used."
I can't see anything amongst it that forbids touching the screen of a mounted device.
Edit - and IMO this is only reinforced by the language used on the simplified site too:
www.gov.uk
The legislation looks a bit of a mess online, in that it's hard to find a complete 'current' copy of the full regulations, so you have to piece together the various amendments but I still can't see anything amongst it that suggests it's illegal to use the device when not hand held.
The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003
These regulations amend the Construction and Use Regulations 1986 by inserting a new regulation 110.
The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022
Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078), (“the 1986 Regulations”) prohibit the use, while driving a motor vehicle of hand-held mobile telephones or other interactive communication devices, when performing an interactive communication function.
Some relevant bits below:
“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).
(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.
(a)in paragraph (4), from “performs” to the end, substitute “is capable of transmitting and receiving data, whether or not those capabilities are enabled.”;
(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;
(c)in paragraph (6)(a), from “during the course of” to the end, substitute “while being used.”;
(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)for paragraph (6)(c), substitute—
“(c)in paragraphs (1) to (3) the word “using” includes the following—
(i)illuminating the screen;
(ii)checking the time;
(iii)checking notifications;
(iv)unlocking the device;
(v)making, receiving, or rejecting a telephone or internet based call;
(vi)sending, receiving or uploading oral or written content;
(vii)sending, receiving or uploading a photo or video;
(viii)utilising camera, video, or sound recording functionality;
(ix)drafting any text;
(x)accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages;
(xi)accessing an application;
(xii)accessing the internet.”.
Note the references to 'hand held' and the definition of hand held to be "a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point while being used."
I can't see anything amongst it that forbids touching the screen of a mounted device.
Edit - and IMO this is only reinforced by the language used on the simplified site too:
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Using a phone, sat nav or other device when driving
It’s illegal to hold a phone or a sat nav while driving - you'll get penalty points, a fine and can be banned from driving.
It’s illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle.
This means you must not use a device in your hand for any reason, whether online or offline.
You can use devices with hands-free access, as long as you do not hold them at any time during usage. Hands-free access means using, for example:
- a Bluetooth headset
- voice command
- a dashboard holder or mat
- a windscreen mount
- a built-in sat nav
You can get 6 penalty points and a £200 fine if you hold and use a phone, sat nav, tablet, or any device that can send and receive data while driving or riding a motorcycle.
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