Penalties from 27th February 2007 for using cell phone while driving

The tougher penalties for hand-held mobile phone use is the first law change to come into effect under the Act. However, it will be followed later this year by the introduction of flexible speeding penalties that could see drivers banned after being caught twice.

Use of a hand-held mobile phone while driving has been banned since December 1, 2003 with those caught breaking the law being given a £30 fixed penalty fine. However, with thousands of drivers ignoring the law the Government is toughening the penalties.

Government research has shown that a driver using a mobile phone whilst behind the wheel is four times more likely to have a crash. In fact, using any type of mobile - hands free or hands held - slows reaction times to 50% when compared to normal driving, which is worse than driving under the influence of alcohol (30%).

Employers can also be prosecuted and fined if they require employees to make or receive mobile phone calls while driving. It is an offence to cause or permit the use of a hand-held mobile phone when driving. It is also an offence to cause or permit a driver not to have proper control of a vehicle. The penalty for companies under the Road Vehicles (Construction and Use Regulations) 1986 is an unlimited fine.

While, the Department for Transport and road safety campaigners believe that drivers should also not use hands-free phones while driving, their use is exempt from the legislation due to perceived police enforcement difficulties.

However, a driver can be prosecuted for using a hands-free device if they are not in proper control of their vehicle when using the device. The penalties are the same - a £60 fine and 3 points on their licence.

Best practice advice dictates that no telephone call should be made or received unless the driver parks their vehicle in a safe place and turns the engine off.

Meanwhile, the flexible speeding fine plan would see a reduced penalty (2 points) for motorists caught not far above the speed limit and a higher penalty (6 points) for those who are significantly above it. However, the speed/points thresholds have yet to be announced.

The flexible points system is being seen as an attempt to diffuse anger among some drivers over the use of speed cameras and ensure that thousands of motorists are not banned from the roads for relatively minor infringements.

At the moment drivers breaking the speed limit receive 3 points on their licence regardless of the gravity of an offence. Anybody who accumulates 12 points, or commits four speeding offences within three years suffers an automatic ban.

The new plan could see drivers who are repeatedly caught just over the speed limit notching up six offences before being banned, while those significantly above any limit could be banned on the second offence - Renault.