“In four years Mike van Erp has filmed 1,400 drivers using their phones, leading to 1,800 penalty points, £110,000 of fines — and him being assaulted by disgruntled motorists. Is he a road safety hero or just a darned nuisance? Nick Rufford joins him on patrol”
I’ve watched a few of his videos. I should be surprised that he catches so many drivers in their phones, but in and around London? Not surprised at all.
Yes; circumstances matter. The Highway Code gets around all of this by stating (note it’s a should not a must):
“You should wear a cycle helmet that conforms to current regulations, is the correct size and securely fastened. Evidence suggests that a correctly fitted helmet will reduce your risk of sustaining a head injury in certain circumstances.”
That’s from Rule 59; link here