Anyway, a couple of weeks ago I had ridden a couple of hours with my mate on some local lanes. As we had got separated, I pulled over by the side of the road to give him a bell. So far, nothing unusual. I pulled the phone off its handlebar mount, unlocked the screen, and scrolled through the contacts list. I was about to call him when some uppity copper pulled up and nicked me.
I told him I wasn’t doing anything illegal as I wasn’t riding whilst using the phone. Further, I had not actually hit the button to call my mate. I told him he should go and do some proper policing, which didn’t go down well. He was on full preach mode and said that, because I was sitting on my Husky with the engine running and had my smartphone in my hand, I was in fact breaking the law and he gave me a fixed penalty offer.
I told him I would see him in court as he was talking cobblers. He just laughed and headed back off to his car. I was so angry. I’m all for prosecuting people on phones whilst they’re driving as it’s dangerous, but I’ve done nothing wrong. I’m more than happy to stand my ground. I used to be a magistrate so I am not scared about arguing in front of a court. Do you agree I will be found not guilty if I go to court?
Answer
Whilst we can agree about the joys of riding the TET, I’m afraid I do not agree with your stance on the use of your smartphone. Since way back in 2003, it has been a specific offence under the Road Vehicles (Construction and Use) Regulations 1986 (the Regulations) to use a handheld mobile telephone or other hand‑held device whilst driving or riding. In the old days, the offence originally applied only where the mobile phone or device was being used for an ‘interactive purpose’ like making a call.
However, just like the technology, the law has evolved. On the 25 March 2022 the law was changed and it widened the scope of the offence to include any use of a hand‑held mobile phone or other interactive communication device. Therefore, even just holding the phone and illuminating the screen whilst riding your bike is illegal.
Whilst I can follow your thought process for what it is worth, you will be found guilty if you go to trial because the policeman was correct. If you had parked up your bike, turned off the engine, and then took your phone off of its handlebar mount and held it, there would have been no issue.
However, as the law stands, the police officer is legally correct because you were sitting on the bike, with the engine running, holding your mobile phone. Legally it is exactly the same as someone sat in their car in a queue of traffic doing the same thing. My advice is accept the fixed penalty offer of £200 and six points. It’ll be cheaper and quicker. Even being a brilliant advocate can’t change facts or the law in this case, I’m afraid.
Andrew Prendergast
Adventure Bike Rider – Nov/Dec 2025
