Road Traffic Act Section 41D(b): A person who contravenes or fails to comply with a construction and use requirement –
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.
Penalty: a fine, 6 points on licence and discretionary disqualification.
How We Can Help
We have dealt with cases involving mobile phone use whilst driving. A client in Ayr was acquitted after the Crown failed to prove that a mobile phone was actually being used. Read more about it here.