70,000 offences
In December 2003, the Government introduced legislation which imposed a fixed penalty of £30 on drivers caught using mobile phones whilst driving and considered not to be in a position to have proper control of their vehicles.
In the event, the new legislation had little affect and with offences running at a rate of 70,000 per annum, the Government has now decreed that from 27 February this year the illegal use of a mobile phone will automatically incur a £60 fine and three penalty points.

Total ban rejected
The Royal Society for the Prevention of accidents (ROSPA) had campaigned for a total ban on the use of all mobile phones in vehicles, including hands-free systems.  ROSPA maintained that using hands-free equipment whilst driving did not significantly reduce risks, because the physical act of holding a phone poses less danger than the mental distraction, and divided attention, of taking part in a phone conversation at the same time as driving.  however, the political fallout of imposing a total ban on an electorate which includes 20 million car owners, did, without doubt, have a part to play in the decision.

Emergencies only
The restriction on the use of hand held phones applies at all times when driving, except in the case of a genuine emergency. Driving is defined as the vehicle being in motion, queuing in traffic or stopped at traffic lights.
The department of Transport is advising drivers to use handheld phones only when “safely parked”, but legal opinion suggests that the legislation implies that the engine must also be switched off, so it is likely that the precise definition of ‘parked’ will ultimately be determined by a test case in the high Court.
In the meantime, cab drivers will need o be particularly wary, because pulling over o make a call and then failing to switch off he engine could result in three points on heir licence.

http://www.taxinewspaper.co.uk/issues/136/TAXI_136_01-12.pdf