Points on your licence

[mattylad]

If the keys are in the ignition, you are deemed to be in control of the vehicle.

I.E. if you are drunk & in the vehicle sleeping it off, as long as the keys are not in the ignition then you cannot be in drunk in charge of a vehicle.

AFAIK.

Ergo, if your engine is running then you are in control of a vehicle, AFAIK that is when you should not be using your phone, stationary or not.

(Although the law actually says "driving")

Weird thing is, its still OK to use a CB radio, which usually has a short mic lead so people tend to lean over to use them...

 

[mattylad]

Reading what the OP has said, that his daughter "touched" the phone.
Was it in the HF cradle? did she just "touch" it or did she "hold" it?

Because reading the linked act, the offence is to "hold" it rather than to just "touch" it.

To me that would be grounds to appeal it.

Same goes for the trucker, if he did not actually use it to make or receive a call then he is not "using" it and hence has not contravened the act.

 

[hi1]

I think you'll find having the car keys in your possession when in the vehicle, in the back or not constitutes In Charge. And from memory being close by like in the paper shop is also in charge. Leaving the engine running whilst you nip into the shop is quitting. And if you leave a passenger in the vehicle where they can touch influence the controls whilst quitting they have to be suitable qualified licenced etc.
The engine doesn't have to be running for the vehicle to be 'being driven', the driver has to have some control over the steering and or brakes, i.e being towed, no engine but being steered= driving. Stationary on a road behind the wheel where you can touch the steering wheel, brakes etc you have control = driving and you need the relevant licence insurance et al.