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Isn't it "in control of a vehicle"? How can he be "in control" with both hands doing other things? After all, you can be done for drink driving if you are sat in the car drunk with the keys in the ignition even if the ignition is not switched on I thought.

Personally, given the choice I'd rather be hit by neither. I don't drive and I don't cycle. I use the pavements and when I want to cross the road, I understand that vehicles have right of way so I use a crossing. When I am using the pavements I don't expect to have dodge cyclists who are...