[Polestar Pete]

Originally Posted by Bendolfc

Unless the legislation.gov.uk pages haven't been updated with ammendments, it doesn't appear to have changed. The CPS also seem to suggest no change https://www.cps.gov.uk/legal-guidanc...-mobile-phones

From your link:

“Use”
A mobile telephone or device will be in use where it is making or receiving a call, or performing any other interactive communication function, whether with another person or not.

For the purposes of section 41D and Regulation 110 the “use” must be for an interactive communication function (Baretto paragraph 37.) The legislation does not prohibit all uses of mobile telephones or other devices, just calls or other interactive communications if the phone or device is held at some stage during that process (Baretto paragraph 47.)

The phone or device does not need to be seized before a prosecution can be brought but it will be necessary for there to be sufficient evidence that it was being used for a call or interactive communication rather than any other purpose before a prosecution under section 41D(b) of the Road Traffic Act 1988 can proceed.

See Alternative Offences and Mobile phones and other driving offences where the evidence of for section 41D(b) is not sufficient.

leading to

Alternative Offences
In cases where there is uncertainty regarding the nature of the device, or dispute about whether it is being used, the alternative offence under Section 41(D)(a) of the Road Traffic Act 1988 (driving in such a position that he cannot have proper control of the vehicle) may be preferred. In some circumstances the evidence may support a charge of careless or dangerous driving depending on the seriousness of the risk posed by the driving. Thirlwell LJ delivering the judgment in Baretto emphasised that drivers should not imagine the case gave them a green light to take films as they drove:

“… driving while filming events or taking photographs whether with a separate camera or with the camera on a phone, may be cogent evidence of careless driving, and possibly of dangerous driving. It is criminal conduct which may be prosecuted and on conviction may result in the imposition of penalties significantly more serious than those which flow from breach of the regulations. The same applies to any other use of the phone while driving.” .

My bold. Although Baretto argued his way out of prosecution, the CPS advice here reminds prosecutors that mobile phone use implies dangerous driving.

Therefore, waving the Baretto case in the face of traffic officers isn't a fit defence for filming or otherwise holding a mobile phone while driving.