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Driving while using a mobile phone - the guidance

Police who suspect a motorist is using their mobile phone while driving must be satisfied that an "interactive communication" has taken place.

This includes sending or receiving oral or written messages, 'facsimile' documents, still or moving images and accessing the internet.

However, PSNI chief inspector Rosemary leech provided further clarification to officers after a member of the public challenged a fixed penalty notice issued for "misuse" of a mobile phone.

In an email circulated to officers, obtained through a freedom of information request, she said: "A motorist simply checking that their phone is switched on or for missed calls or signal reception would generally not be deemed to be using."

She said officers must also show that the phone was held at some point when the offence was committed, including cradling on the shoulder.

But the guidance said motorists caught holding a phone could still be charged with failing to have proper control of their vehicle.