Using a hand-held phone while driving will become an offence

Using a mobile phone without a hands-free kit will be an offence incurring a £30 on-the-spot fine from December.

But the Association of Chief Police Officers has issued guidelines which mean motorists in England and Wales will initially escape fines.

Drivers in Scotland, however, have been given no such concession.

WHAT ARE THE NEW RULES? Apply from 1 December New offence of "using a hand-held phone while driving" £30 fixed penalty fine Rising to up to £1,000 if the matter goes to court Rising to up to £2,500 for drivers of vans, buses, coaches and lorries

Officers in England and Wales have been told to give verbal warnings until February in order to "assist in the education of drivers".

Officers will still be able to hand out instant fines to mobile phone-using motorists if serious potential danger is caused or if their use contributes to a collision.

Acpo head of motoring and North Wales Chief Constable Richard Brunstrom said: "During this initial period, the Department for Transport will be continuing its road safety advertising campaign so we will hopefully achieve dual reinforcement of the message that mobile phones are a serious distraction when used by a driver.

"Police officers will still be able to take formal enforcement action in any instance they consider appropriate."

Different rules

But motorists north of the border will be liable for fines from Monday because the Scotland Association of Chief Police Officers has not issued the same guidelines as its English and Welsh counterpart.

Obviously officers will be able to use their discretion but we are not saying anything about a two month settling-in period Strathclyde Police

A spokeswoman for Strathclyde Police said she did not know why different rules were being applied in different parts of the UK.

She said: "The law will be enforced on Monday.

"Obviously officers will be able to use their discretion but we are not saying anything about a two month settling-in period."

Under the new law, £30 fines could rise to £1,000 if the case goes to court while drivers of heavy goods vehicles, buses and coaches may forced to pay as much as £2,500.

Survey

Almost nine million people used a hand-held mobile phone while driving during the last year, according to a new survey.

And 709,000 of those admit that using their phone has nearly caused them to have an accident.

At any given time, around 500,000 motorists are on the phone in their cars, according to the study by Sainsbury's Bank.

A spokesman for the bank said: "Our research reveals that 10% of motorists key in text messages while driving, 15% read messages and 16% answer calls."