‘Interactive Communication’ and Driving—Does It Matter Whether It Is a Mobile or Camera? Director of Public Prosecutions v Ramsey Barreto [2019] EWHC 2044 (Admin)

DOI10.1177/0022018319875527
Date01 October 2019
AuthorAdam Snow
Publication Date01 October 2019
SubjectCase Notes
Case Note
‘Interactive Communication’
and Driving—Does It Matter
Whether It Is a Mobile
or Camera?
Director of Public Prosecutions v Ramsey Barreto [2019] EWHC
2044 (Admin)
Keywords
Mobile phone, careless driving, fixed penalty notice, driving, motoring
Barreto was an appeal by way of case stated following the quashing of the defendant’s conviction at
Isleworth Crown Court for using a hand-held mobile phone device while driving contrary to s 41D of the
Road Traffic Act 1988 and reg 110 of the Road Vehicles (Construction and Use) Regulations 1986.
Section 41D holds that:
A person who contravenes or fails to comply with a construction and use requirement—
...
(b) as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or
other hand-held interactive communication device ...is guilty of an offence.
The relevant parts of reg 110 were as follows:
(1) No person shall drive a motor vehicle on a road if he is using—
(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4).
...
(4) A device ...which performs an interactive communication function by transmitting and receiving data.
...
(6) For the purposes of this regulation—
...
(c) “interactive communication function” includes the following:
(i) sending or receiving oral or written messages;
...
(iii) sending or receiving still or moving images; and
...
The Journal of Criminal Law
2019, Vol. 83(5) 425–429
ªThe Author(s) 2019
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/0022018319875527
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