Tough new penalties for using hand held mobile phones came in to effect from midnight on February 27th 2007.

The offences of using a hand held mobile phone whilst driving and failing to have proper control of a vehicle are now endorsable. As of February 27th, drivers will automatically have their licence endorsed with three penalty points and will receive a £60 fine – double the previous charge.

Any cases that reach court could involve discretionary disqualification and a maximum fine of £1,000 - or £2,500 in the case of the driver of a bus, coach or goods vehicle.

It is also illegal to supervise a learner and use a hand-held phone. Hands-free phones are also a distraction and you risk prosecution for not having proper control of a vehicle if the police see you driving poorly while using one.

A hand held device is something that ‘is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function’. A device ‘similar’ to a mobile phone includes a device that can be used for sending or receiving spoken or written messages, sending or receiving still or moving images or providing Internet access.

If you accept a roadside fixed penalty notice, you will receive three points on your licence and a fine of £60. If a case goes to court, in addition to points you could face discretionary disqualification on top of a maximum fine of £1,000 (or £2,500 in the case of drivers of buses, coaches and goods vehicles).

The use of a hands-free phone or other equipment is not specifically prohibited because it is difficult for police to see it in use. However if you drive poorly, because you are distracted by a phone conversation for example, the police can prosecute for failing to have proper control of the vehicle. The same penalty applies – three points and a £60 fine.

If there is an incident or a crash, the use of any phone could be justification for the charges of careless or dangerous driving. The penalties on conviction for such offences include heavy fines, endorsement, disqualification and - in serious cases - imprisonment. Courts are taking a serious view in such cases.