Is the new driving with mobile law fair?

I can see your point but you are still, technically, in control of the car. Should the law differentiate between someone on the phone who is stationary at the side of the road, but in first gear and holding the clutch, without the handbrake on? His lack of attention could cause him to stall the call or jump forward. The law sees this as comparable with someone who is in neutral with the handbrake on; however, the engine is still running. I agree that there is some unfairness between the two cases but then isn't the law an *** sometimes?