It is an offence to use a hand held mobile phone while driving. The offence is committed when a call is made or received while the person is driving. Holding a mobile phone but not using it is not usually understood to be included in this offence. However, anything that results in the driver not having control of a vehicle, may constitute an offence. Motorists have in the past been succesfully prosecuted for eating an apple and eating crisps, whilst being in control of a motor vehicle.