Jail Risk for Motorists Who Use Mobile Phones While Driving

Motorists who use mobile phones while driving could be jailed for up to two years under new guidelines published by prosecutors yesterday.

Endangering drivers and pedestrians while using a hand held mobile phone, satellite navigation system or iPod at the wheel will now be treated as dangerous driving rather than careless driving. The change means that drivers face up to two years in prison, the maximum penalty for dangerous driving, instead of the £5,000 fine and penalty points under a careless driving prosecution.

"The revised policy ... responds to public concern about the dangers of driving while using a mobile phone and this means that a charge of dangerous driving will now be the starting point for this offense, where there is clear evidence that danger has been caused by its use," said Ken McDonald QC, the director of public prosecutions. The guidelines state that any driver "avoidably and dangerously distracted" by using a hand-held phone could be prosecuted for dangerous driving.

Drivers caught using a handset could still be charged with careless driving - driving below the standards of a "competent and careful" motorist, but the guidelines allow stiffer punishment in the most serious cases, such as fatal accidents.

According to the Transport Research Laboratory, driving while on the phone is more distracting than talking to a passenger or tuning the radio. Using a mobile phone at the wheel was banned in 2003 but it has not stamped out the practice, with 129,700 drivers caught breaking the rule in 2005.

TRL estimated that half a million drivers a day still make hand-held calls, while mobile phones were cited as a factor in 13 fatal accidents and 52 serious crashes in 2005.

"Too many people are still flaunting the law and endangering lives by using their mobile behind the wheel. We hope this sends out a strong message to drivers that talking or texting while driving won't be tolerated," said Jools Townsend, of road safety charity Brake.

The RAC Foundation said the changes, which will be implemented immediately in England and Wales, "send the right message" to drivers, but it also called for more road traffic police to monitor drivers.

"It reminds people that driving is complicated and requires full attention. Communicating by phone is fun and lots of people do it, but you should not mix phone calls and driving together," said Rob Gifford, of the Parliamentary Advisory Council for Transport Safety.

FirstGroup, Britain's largest bus and train operator, yesterday imposed a ban on all employees using mobile phones, including hands-free sets, while driving on company business. Its bus and train drivers are already banned, but the embargo has now been extended to its entire 135,000-strong workforce.