However, although the House of Lords in Pinner v Everett held that a person might still be driving even when they turned off the engine and got out of the car it is unlikely, other than in exceptional circumstances, to be appropriate to use section 41D RTA 1988 to prosecute any person who in these circumstances used a hand-held mobile phone or other device. See “Public Interest” below. Defences Numerous academic studies from across the world have concluded that the using a hand-held mobile phone whilst driving significantly decreases driver performance Accordingly, the public interest will weigh in favour of a prosecution for a mobile phone offence where the evidential test is met. Alternative Offences In Edkins v Knowles (1973) 57 Cr App R 751 the Divisional Court summarised the case-law on the subject of when “driving” ceased: Alternative verdicts under sections 4(1), 5(1)(a), 7(6), 4(2), 5(1)(b) or 29 RTA 1988 may be returned as appropriate, despite the fact that the six month time limit for those offences are likely to have lapsed. Proof of disqualification is essential. In R v Derwentside Justices ex parte Heaviside [1996] RTR 384 the Court specified three ways in which a defendant could be proved to have been disqualified:

Signed: ............................................................................. Crown Prosecutor Police Officer It is an offence under section 41D(b) RTA 1988 to contravene Regulation 110. The penalty imposed will depend upon the type of vehicle driven. Key Definitions “Hand-held” The driver is committing an offence of "driving whilst disqualified" in accordance with s.103 Road Traffic Act 1988. There has, however, been extensive case law on the subject and the main point that emerges is what is known as the reasonable man test as per the following cases: Regulation 110(5) provides that no offence is committed where a person makes a call to the emergency services on 999 or 112 in response to a genuine emergency, where it is unsafe or impracticable for them (or the provisional licence holder) to cease driving whilst the call is made.

Status:

section 115(2) Road Traffic Regulations Act 1984 - making a false statement to obtain a parking authorisation. This is a summary offence. Age prohibitions on driving are set out in section 101 RTA 1988. These are referred to as disqualification of persons under age. Driving whilst under age does not constitute an offence of driving whilst disqualified (by reason of age) under section 103 RTA 1988 by virtue of section 103(4) RTA 1988. A person who drives a vehicle on a road while disqualified by reason of age, commits an offence under section 87 RTA 1988, which prohibits a person driving a vehicle on a road otherwise than in accordance with a licence authorising him to do so. Proof of Disqualification Regulation 110(1) and (2) of the Road Vehicles (Construction and Use) Regulations 1986 prohibit a person from driving, or causing or permitting a person to drive, a motor vehicle on a road if the driver is using a held-hand mobile telephone or a hand-held device with an interactive communication function. Regulation 110(3) prohibits a person from using such a mobile telephone or device while supervising a holder of a provisional license (learner driver), whilst the learner is driving.

If a driver is disqualified in the UK as a result of the recognition of an Irish disqualification, and continues to drive in the UK the driver commits the offence of driving whilst disqualified contrary to section 103 of the Road Traffic Act 1988. How long was the stop? The longer it was the less likely it is that they can still be considered to be driving;Section 103 RTA 1988 provides that a person is guilty of an offence if, while disqualified from holding or obtaining a licence, they obtain a licence, or drives a motor vehicle on a road. Motorists are required to produce their documents to a police officer on demand or at a nominated police station within 7 days. Where a summons is issued for failure to produce, the defendant may attempt to produce his documents at court. Production of driving documents at the police station in the first instance must be encouraged. Offences against traffic signs and police signals are dealt with in sections 35, 36, 37 and 163 of the Road Traffic Act 1988. The expression 'traffic sign' is defined in section 64 of the Road Traffic Regulation Act 1984. The offence is one of strict liability – no mens rea is required. Driving/Obtaining a Driving Licence Whilst Disqualified The offence of driving whilst disqualified, although a summary offence, can be included in the indictment if founded on the same facts or evidence, or if it forms part of a series of offences of the same or similar character as an indictable offence which has also been charged - section 40 (3)(c) Criminal Justice Act 1988. Using a Vehicle without Insurance

In making their decisions on whether the public interest requires a prosecution, prosecutors should have regard to the purpose of the legislation, which is road safety. The offence is equally serious, whether "use" or "causing or permitting" is involved. There is a clear public interest in prosecuting offenders. Uninsured drivers pose a substantial risk to other road users. In R v MacDonagh (1974) 59 Cr App R 55, M was held not to have been driving by using his shoulder against the door pillar to push the car while having both feet on the road. The Court of Appeal said that: A person who uses their phone while stationary at traffic lights will be distracted and less able to move off safely when the lights change. Similar considerations would apply to a driver stationary in a traffic jam.The following driver behaviours/conduct contained within the annex to the agreement and are mutually recognised: