Can I be prosecuted for turning on a mobile phone in a traffic jam?
FAQWhilst stationary in a traffic jam, I turned my mobile phone on. I didn’t text, make or receive a call. The phone was in my hand for the split second and I was not moving at the time. Can I still be prosecuted?
Yes. If the device is hand-held, even turning the mobile phone on is “using” the device which contravenes the current legislation. The fact that you were stationary in a traffic jam makes no difference, as you were still “driving” the car. In order to avoid prosecution, you should only use a hand-held phone when the car is parked and the engine is turned off.
Printable Version