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Firstly - a disclaimer. I'm not a Policeman or a lawyer, or even particularly knowledgeable. However, I'm researching into something similar and so may be able to help...

(EDIT: I've now realised that site is mainly used by Americans - so this may not be much use. Sorry!)

It would depend on what Section of the Road Traffic Act you are charged under. The offence under Section 41D of the Road Traffic Act 1988 (as amended by the Road Safety Act 2006) is that you are using a handheld device, and results in a statuary 3 points.

The other one is an offence under section 3 (driving without due care and attention). The penalties for this are a fine, between 3 to 9 points, and even disqualification - plus you have to go to court...

In the United States most states are still smart enough to realize that driving whilst using a phone is not an issue. A few left leaning states have felt the need to ban or limi ohone use. Texting is a far different issue though. Text messaging is a real problem and should ban banned everywhere.

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Q: What is the penalty for driving whilst using a mobile phone?
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