FT/D/2025/0435 - [2025] UKFTT 01267 (GRC)

Mobile phone use

Section 41D of the Act states that:-

"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 Road Vehicles (Construction and Use) Regulations 1986 ("the 1986 Regs") sets out detailed rules on the use of (for example) a hand-held mobile telephone while driving a motor vehicle. It includes that for example by reg 110(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."