QUOTE
Under existing case law a person may still be driving whilst the engine is running and the vehicle is stationary. This means that an individual stopped at a traffic light could be prosecuted for a mobile phone offence. The intention of the legislation is to promote road safety and so it will not normally be in the public interest to prosecute this offence if the driver has safely pulled over and stopped before taking hold of the phone.
Does anyone know more about the case law referred to in the first sentence? The other point of interest is that the last sentence suggests that they think a car safely pulled over and stopped would still be counted as "driving", although the say probably not in the public interest to prosecute.