Do as I Say Not as I do!

An article in the Daily Mail this am tells of Eric Whittle, 55yrs old, a Health & Safety Executive, driving along the M40 in Kent who  was so impressed with a cloud formation that he took some pictures of it with his mobile phone. Judging by the photo in the paper he was in the middle lane and presumingly moving. My first thought is has he been arrested and if not when will he be arrested?