Confusion over mobile ban

New laws banning the use of mobile phones while driving created massive confusion as they came into force today.

Technically, drivers could face onthespot fines of £30 and within 18 months could also have three penalty points on their licence.

But critics say police have created confusion by saying most motorists in England and Wales will be let off with a caution in the first two months. That means some drivers could be penalised while others are let off.

Motoring organisations warned there was growing disarray over the laws and said urgent action was needed to simplify them.

They identified two other reasons why drivers are baffled:

The scale of the confusion was captured by a new survey which found that more than nine out of 10 drivers say they are baffled by the ban.

Rebecca Rees, a spokesman for the AA, said: "Even with the law now live, people are still very confused about what they can and cannot do, especially regarding hands-free kits. The law is simple: you must not drive while holding a phone. If you have a hands-free kit you are not breaking the new law. However, any phone conversation means you are up to six times more likely to have a crash."

She blamed the confusion on an overload of information - some of it incorrect - from a multitude of organisations with an interest.

"It's a Chinese whispers situation, with some very wrong information been spread round," said Ms Rees. Edmund King of the RAC Foundation blamed some of the chaos on mobile phone companies bidding to increase sales.

He said: "The actual regulations are clear and simple - what we now need is a new, high-profile campaign from the Department for Transport to make sure people are aware of them."

He said part of the problem was that during initial DfT consultation it had been considered whether to ban all phones - both hands-free and held.

"In fact this never happened but many people jumped to the conclusion that all phones would be banned," said Mr King.

There was also the problem of people being unsure which type of hands-free phone was allowed under the rules. Only 20 per cent of drivers in the South-East have the required hands-free equipment.

Tesco Mobile research found 94 per cent of drivers were unaware how the legislation would work. Another survey, by The Link, suggested more than half of drivers will unwittingly break the law.

A string of test cases to clarify what constitutes "hand-held" look likely in the coming months. Dealers also slammed the Government's advice on the ban as "vague and misleading".

Middlesex dealer Daniel Schama, of That Phone, said he was concerned about customers being hit with a £30 fine despite purchasing a new headset.

He said: "If dealers have to guess the Government's stance, what chance do consumers stand? It'll mean we risk upsetting customers and returned products."

Transport Minister David Jamieson has urged drivers to refrain from using any type of mobile while behind the wheel. He said: "I hope that today's ban will make the roads safer for everyone." According to an RAC study, four out of 10 drivers plan to ignore the ban.