New legislation to increase the penalty for using a hand-held phone whilst driving came into force in 2007. The current fine is now £60 and three penalty points on your licence. Penalty points can mean higher insurance costs. If you get six points within two years of passing your test, your licence will be revoked and you will need to re-sit the test. If the case goes to court, you could risk a maximum fine of £1,000, which rises to £2,500 for the driver of a bus, coach, or heavy goods vehicle.

A driver can also be prosecuted for using a hands-free device if you are not in proper control of your vehicle when using the device. The penalties are the same - £60 fine and three points on your licence.

If you are an employer you can be prosecuted if you require employees to make or receive mobile 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.

Surrey Police are enforcing the law as follows:

• It is illegal to use a hand-held mobile phone when driving and you may be fined £60 and 3 points on your licence. This can be increased to a maximum of £1000 (£2,500 for drivers of vans, lorries, buses and coaches) if the matter goes to court.
• You can also be prosecuted for using a hands-free mobile phone if you fail to have proper control of your vehicle.
• Drive carelessly or dangerously when using any phone and the penalties can include disqualification, a large fine, and up to two years imprisonment.
• It will be unlawful to use a mobile phone when driving which for any part of its operation needs to be held in the hand.
• The only exception will be when a driver is making a legitimate 999 call to one of the emergency services and it was not possible to stop to do so.
• Unless your phone is mounted in some sort of cradle where you can push buttons without holding it then it will be unlawful. This means that 'blue tooth' and the use of an earpiece with the phone on the seat may technically be unlawful if you need to pick them up to dial/answer, or you do so to switch them on/off while driving.
• Enforcement will take place where drivers are physically holding the phone in one hand and steering (or not as the case may be) with the other.
• Initially it will be a non-endorsable fixed penalty fine but this will become endorsable in the future.
• Texting will count as making/receiving a call.
• Never stop on the hard shoulder of a motorway except in an emergency

Although certain hands-free mobile kits can still legally be used, Road Safety Officers recommend that phones should not be used at all when driving. To drive safely requires your full attention. Mobile phone use has been proven to be a major distraction that affects a driver's concentration and anticipation. Research shows that drivers are four times more likely to have a collision if they drive and use a mobile phone.