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It is in the news that new speed cameras are able to use "AI" to see inside cars and:

clampdown on motorists “distracted” by their phones even if they have them on their lap while at the wheel

The law concerning mobile phone use in cars was strengthened in 2003 and 2022 and it currently says:

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.

(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;

From an naive reading of this it seems required to demonstrate that the device "is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function", which would seem to be hard to prove from a photograph of a phone in a lap.

The government advice specifies that using devices hands-free does not breach this law, "as long as you do not hold them at any time during usage" and specifies using voice command as hands-free access.

Would "I never held it in my hand while driving" be a defence against a charge under this law, when presented by a photo of a phone in ones lap? If not, would it be a defence if the phone was in a storage area of the car, either within or out of reach of the driver while driving? Would using your finger, voice command or no commands make a difference?

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4 Answers 4

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Fingers Off Your Phone!

"is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function"

This is trivial to prove, as it is a question of settings: unless your phone is using a hands-free Voice mode, or remote Bluetooth connection to the car to operate, then you have to operate it with your hands, as that is the only option left to operate it. As soon as you operate the phone by picking up and pressing buttons, you hold it for operation.

As such, the phone being in easy reach for your hands and not affixed to the car could be weak evidence of operation by picking it up, especially if the phone is proven to not be in voice mode. For proving that the prosecution would require phone and call logs. The phone in a tricky-to-access spot on the other hand is strong evidence of the phone not being used by holding.

However, the law is worded in such a way that they have to prove that you operate it. That limits the number of useful photos to those where you hold the phone in your hand, or otherwise hold and apparently operate it. A photo of a phone just laying on the lap doesn't prove you use it at that moment of the photo, unless you press buttons on it.

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  • In terms of "not affixed to the car", I use wired airplay to connect my iPhone to my car. I generally leave my phone floating around the center console while it is tethered. Thus, it is both in easy reach of my hands, as well as being in voice mode. But I also will pick it up and move it around if it is in direct sunlight as I know it overheats unless in the shade.
    – Peter M
    Commented Jul 21 at 18:37
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    I've wondered about this for ages. You say "fingers off", but is it so clear cut? If I drive with my phone in a docking station, using GPS navigation, playing music by Bluetooth, and then I touch it to skip a track, am I breaking the law? I don't think so but I'm not certain. If not, is that legally different from a phone in a lap that is not being held by hand, and is serving the same purpose? Also neither of these are interactive communication functions. What if I send a text while driving and the phone is in a docking station? It feels wrong and dangerous but I'm not sure it breaks this law
    – SamR
    Commented Jul 22 at 8:34
  • @SamR mounted to the car, it doesn't require to be held at any moment. in the lap, it would most likely need to picked up and held.
    – Trish
    Commented Jul 22 at 11:40
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    @Trish so typing out a text while driving with the phone mounted is not breaking this law? It's clearly a terrible idea and I imagine it might constitute dangerous driving, or driving without due care and attention. I'm not convinced that a phone in a lap would need to be held, at least not while driving. I can imagine someone placing it there prior to starting the car, tapping away while driving and picking the phone up after pulling over. Which would be awkward and again dangerous - but you're saying it wouldn't break this law? I am very confused about where the line is.
    – SamR
    Commented Jul 22 at 11:47
  • Am I wrong in reading 6(a) as defining what constitutes a phone vs (for example) an iPod? Rather than defining usage.
    – MikeB
    Commented Jul 22 at 17:23
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Write clearer laws

(1) The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless—

(a) the phone is being used to make or receive an audio phone call or to perform an audio playing function and the body of the phone—

(i) is secured in a mounting affixed to the vehicle while being so used, or

(ii) is not secured in a mounting affixed to the vehicle and is not being held by the driver, and the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or to otherwise manipulate any part of the body of the phone, or

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  • this reads neat: either the phone is mounted to the car, or it can't be touched.
    – Trish
    Commented Jul 22 at 11:41
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The prohibition against using an electronic device while driving or operating a motor vehicle on a highway includes “holding the device in a position in which it may be used.”

This has been interpreted to prohibit having the cell phone in one's lap, or wedged between one's leg and the seat (R. v. Rajani, 2021 BCCA 292).

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(and others, too)

Even if they can't prove that you've used your phone, they could fine you for inappropriately securing your load. A mobile phone on the lap is certainly not properly secured and will fly when you have to slam on the brakes, possibly causing injury or further distraction when you have to grab it from beneth the pedals. Or maybe you're hesitant to use the brakes for fear of breaking your valuable phone, which may in itself be enough of a distraction.

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    This seems to really stretch the definition of a "load". People place all sorts of small loose objects around their car. Are you able to cite any cases where someone was prosecuted for having a phone-sized object loose in their vehicle?
    – JBentley
    Commented Jul 22 at 10:42
  • @JBentley it does not in the german text: Ladung is defined as anything in the car that's not a human. A bee that stung the driver has been found to be non-secured cargo.
    – Trish
    Commented Jul 22 at 11:33
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    @MichaelHall unsecured cargo can get you to be found at fault in an accident - like in that case.
    – Trish
    Commented Jul 22 at 17:44
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    @trish, do you have a reference for this finding? Because it's absolutely absurd, and completely unnecessary. The bee flying in an open window does not meet any definition of cargo, and it insinuates an expectation that the driver should secure them with a seat belt! The presence of a bee, the driver being stung, or being distracted trying to wave the bee out is irrelevant and unnecessary to a finding of fault.
    – Michael Hall
    Commented Jul 22 at 18:16
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    ... Unless of course the finding was a result of a commercial beekeeper transporting hives incorrectly. In that case I'll retract all of the above.
    – Michael Hall
    Commented Jul 22 at 18:22

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