Just my tuppence, no legal standing or comfort whatsoever......
The legislation continues to be applied to HAND HELD mobile phones. The use of a wired earpiece and 'phone in your lap is not sufficient. Needs to be a bluetooth earpiece and phone in a cradle, even a simple £2.99 market stall jobbie.
Pukka aftermarket installations are fine. Its what thay are for.
Hard wired systems, like that in the later Omega are fine - its also what they were designed for, after all!
With the exception of the wired earpiece scenario, a certain ammount of button pressing is acceptable, ie one touch to connect/end call. Anything else is bookable.
Crashes in the main occur due to inattention of the driver to events on the road around him/her. The distraction could be due to having a conversation with a passenger in the car, changing a CD or retuning the radio, eating lunch, applying lippy, drinking from a bottle or can, lighting a ciggy, reading the paper or a map - whatever......
The main issue here is the use of a mobile. This use is legislated against, easily seen, proven and relevant punishments meted out.
The conversation/radio/lunch issues can be less obvious and are more subjective in interpretation by the police officers at the time. More importantly, there is no specific legislation to police these assorted activities, other than sect 3 RTA 1988 - driving without due care and attention or reasonable consideration for other road users. Note the last part. This is normally left out when discussing such things....
As to Police Officers using their radio's - yes it happens and yes, they are exempt. But if a crash occurrs due to such use, they get nicked just as much as Joe or Josephene Punter. And don't forget the double jeopardy. Done in the Court and then further done under the Police discipline regs (further fine, loss of pay increments, demotion, transfer etc etc)
Back to phone use. Like any legislation, some applaud it, others throw stones at it. Ultimately, its the Courts who decide.
caveat - my opinions are just that. They are not legal guidelines!!
B