legal-terms
If you are holding a mobile phone while driving and you are not looking at it nor are you texting are you still deemed as using it?
<p>The concept of dualism which exists throughout the universe. Every word, phrase, object and thing in the universe there is a positive and a negative state. For example - up/down, in/out, black/white, left/right, holding/not holding, using/not using. Now, in the case of holding a mobile phone; the holder decides if they are using it or not. The observer, on the other hand, does not have the right to say that the holder is using it or not using it. The observer can only observe that the holder is holding the phone and can't determine if they are using it or not. This is my opinion of the matter. Thus, in a democratic society, the holder of a phone decides if he/she is using it or not. In a dictatorship, on the other hand, the rights of the individual are negated and the dictator determines that dualism doesn't exist and that the holder <strong>must</strong> be using the phone, just because they are <strong>holding</strong> it. Thus, the dictator has negated logic, laws of physics, rules of grammar in order to justify an enforced and language limiting opinion/law.
The law states in Australia - 2014 -reg 300
The driver of a vehicle must not use a mobile phone while vehicle is moving, or is stationary.
&quot;use&quot; in relation to mobile phone, includes any of the following actions by a driver, (a) holding the body of the phone in her or his hand (whether or not engaged in a phone call), except while in the process of giving the body of the phone to a passenger in a vehicle.
&quot;held&quot; includes held by, or resting on, any part of the driver's body. but does not include held in a pocket of the driver's clothing or in a pouch worn by the driver.</p>

<h2>YES in <a href="/questions/tagged/germany" class="post-tag" title="show questions tagged &#39;germany&#39;" aria-label="show questions tagged &#39;germany&#39;" rel="tag" aria-labelledby="tag-germany-tooltip-container">germany</a></h2>
<blockquote>
<p><a href="https://www.gesetze-im-internet.de/stvo_2013/__23.html" rel="nofollow noreferrer">§23 StVO</a></p>
<p>(1a) Wer ein Fahrzeug führt, darf ein elektronisches Gerät, das der Kommunikation, Information oder Organisation dient oder zu dienen bestimmt ist, nur benutzen, wenn</p>
<ol>
<li>hierfür das Gerät weder aufgenommen noch gehalten wird und [...]</li>
</ol>
</blockquote>
<blockquote>
<p>(1a) Whoever is driving a vehicle may only use an electrical device that is serving communication, information, or organization or destined to be used for this if... 1. they don't pick the device up or hold it and [...]</p>
</blockquote>
<p>That is <strong>plenty</strong> clear: holding the device is banned in any way, and implies using it under German legal precedent.</p>

<blockquote>
<p><em>&quot;The observer can only observe that the holder is holding the phone and can't determine if they are using it or not. This is my opinion of the matter. Thus, in a democratic society, the holder of a phone decides if he/she is using it or not.&quot;</em></p>
</blockquote>
<p>Your opinion is irrelevant. It's why the <strong>United Kingdom</strong> has tightened up the law. Holding a phone while driving, even when stationary, is an offence except in a few limited circumstances.</p>
<p>The <a href="https://srb.co.uk/driving-whilst-holding-a-mobile-phone-is-now-illegal/" rel="nofollow noreferrer">Solicitors Regulation Authority</a> says</p>
<blockquote>
<p><strong>Laws have changed for driving and using a mobile phone</strong></p>
<p>Driving whilst using a mobile phone for texting or calling has been illegal since 2003. However, the law did not cover holding a mobile phone which allowed using social media or playing a game.</p>
<p>As of 2022, it is illegal to hold a mobile phone whilst driving. Breaking this law could lead to a £200 fine and 6 points on your licence.</p>
</blockquote>
<p>Anyway, if you are holding a phone you are not in proper control of the vehicle. The UK's Highway Code <a href="https://www.gov.uk/guidance/the-highway-code/using-the-road-159-to-203" rel="nofollow noreferrer">rule 160</a> states</p>
<blockquote>
<ul>
<li>drive or ride with both hands on the wheel or handlebars where possible. This will help you to remain in full control of the vehicle at all times.</li>
</ul>
</blockquote>
<p>This means unless you are operating the gear lever, or auxiliary controls, with the other hand. You must be in proper control of the vehicle at all times.</p>

<p>It depends on the statute being interpreted.</p>
<p>For example, in <a href="/questions/tagged/british-columbia" class="post-tag" title="show questions tagged &#39;british-columbia&#39;" aria-label="show questions tagged &#39;british-columbia&#39;" rel="tag" aria-labelledby="tag-british-columbia-tooltip-container">british-columbia</a>, s. 214.2(1) of the <em>Motor Vehicle Act</em> prohibits &quot;holding [an electronic device] in a position in which it may be used.&quot;</p>
<p>Under such a statute, it doesn't matter whether it is actually in use, but only whether it <em>may</em> be used.</p>
<p>And in <em>R. v. Tannhauser</em>, <a href="https://www.canlii.org/en/bc/bcca/doc/2020/2020bcca155/2020bcca155.html" rel="nofollow noreferrer">2020 BCCA 155</a> the Court of Appeal held that even when the phone is turned off, it is still an &quot;electronic device&quot; within the meaning of the prohibition:</p>
<blockquote>
<p>[52] ... a cellphone that is turned off can be turned on; a cellphone with a dead battery can be plugged in (see <em>R. v. Jahani</em>, <a href="https://www.canlii.org/en/bc/bcsc/doc/2017/2017bcsc745/2017bcsc745.html" rel="nofollow noreferrer">2017 BCSC 745</a>, where a ticket was upheld for a person who did just that); a cellphone with software limiting its functionality can, potentially, be used to disable that software.</p>
<p>[53] Importantly, the legislature’s intention to promote road safety supports this reading. All of the above actions have the potential to distract the driver. The purpose of public protection is served by understanding that this form of distracted behaviour is indeed prohibited.</p>
</blockquote>
<p><a href="https://law.stackexchange.com/a/91411/46948">Statutes can redefine or deem words to have particular meanings</a>, including by deeming the word &quot;use&quot; to include things that would not be typically considered &quot;use.&quot; This is not an attempt to alter the metaphysical reality. It is simply constructing <em>legal</em> meaning.</p>

<h2>why would that matter?</h2>
<p>Lawmakers are not stupid, that’s why in every jurisdiction I know of, the offence is <strong>holding</strong> the phone.</p>
