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c00ps
MisterEd
Hmm so the exact wording is that they have to be actually using the mobile telephone or an interactive communication device:
“
[F141DBreach of requirements as to control of vehicle, mobile telephones etc.
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.]
“