Just holding the phone in your hand is counted as "using" the device, possibly even if it is switched off. That is why a mobile phone mount makes it legal.
I was amazed at the number of merseyside people done for this, I see so many using their phones that I thought the police did nothing.
In a time of universal deceit - telling the truth is a revolutionary act. George Orwell
When the debate is lost, slander becomes the tool of the loser. Socrates