the offence isn't using a device hand-held, but using a hand-held device - subtle difference in that even if the hand-held device is in a cradle / attached to the car it could still be argued to be a hand-held device... however it does carry on to say that it is a device which (to operate) needs to be held - so if in a cradle it doesn't need to be held...
original legislation is: The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003
Explanatory Note(This note is not part of the Regulations)
... Regulations 110(1) and (2) 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 hand-held mobile telephone or similar device. ...
legislation:
http://www.legislation.gov.uk/uksi/2003 ... ion/2/made...“Mobile telephones
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).
(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;
(b)a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence);
(c)“interactive communication function” includes the following:
(i)sending or receiving oral or written messages;
(ii)sending or receiving facsimile documents;
(iii)sending or receiving still or moving images; and
(iv)providing access to the internet;
for the purposes of satnav, I fail to see how the above bans anything - the legislation clearly states that it is treated as hand-held if it is or must be held - and then clarifies the purposes, so holding a phone to put it in the cradle would not be prohibited / holding the phone to change the satnav would not be prohibited as you are only giving instruction to the device, not sending or receiving messages / documents / images, or gaining access to the internet... certainly using something attached to the vehicle (car / bike) is not held in the hand at any point...
there is a lot of wrong interpretation online, e.g. the RAC website:
It is no excuse to say you’re simply following the mapping on your hand-held device. The mobile phone law specifically refers to this, stating it is illegal to use a hand-held mobile to follow a map.
Actually I don't think that the law says this... the link to the original legislation is above - can't find any reference there to maps...
As far as I can tell the March 2017 changes are simply tougher penalties - not a change to the underlying law from 2003 - unless anyone knows better?
some of the current changes - ref. penalties
http://www.legislation.gov.uk/uksi/2017 ... tents/madehttp://www.legislation.gov.uk/uksi/2017 ... tents/mademore applicable - 2006 legislation which could cause issues if your windscreen is not clear by nature of having a satnav affixed to it!
http://www.legislation.gov.uk/ukpga/2006/49/section/26Basically, as far as I can see - if you have to hold the device at any point - you may be caught under this legislation - if you are holding it for the purposes of the list above...
You will be caught with modern satnav systems such as Waze as they contain messaging and connect to the internet - but a device that is bespoke satnav doesn't have to connect to the internet for the satnav functions and doesn't send / receive messages, documents, images, etc. So you can hand hold a tomtom etc. under the legislation - and if not hand-held I can't see anything in the legislation banning it... - of course as above there are other ways in which you can be prosecuted, but not under that specific legislation... Perhaps MCN could clarify where their conclusions come from - 45deg angle? etc. seems very bare, not thought through and as far as I can see is wrong... but of course I may have read the law incorrectly!
Alasdair