In 2003 a law was introduced in the UK to specifically ban the use of a hand-held mobile phone while driving. The law was reviewed in 2007 to allow for harsher penalties for those caught and to also cover the increase in popularity of satellite navigation systems and smartphones, so that it wasn’t just phone calls and text messages that people could be penalised for, but using any system that involved sending and receiving data.

Despite the tightening and harsher penalties (you can get three points on your licence and a £60 fine, or if you take your case to court end up with a disqualification and a maximum fine of £1000. £2,500 you are driving a bus or goods vehicle) plenty of people still break the law by holding their phone to their ear while driving, and even texting while on the move! Everyone knows it’s illegal, so why do they still do it?

One aspect that catches many people out is the definition of driving and being in control of a vehicle. For many, using a mobile phone, smartphone or PDA – or any kind of device that transmits or receives data – is a no-no while the car is in motion because that is what they class as driving and they know it’s dangerous to be distracted. What many do not realise is you are still legally in control of a car if you are stopped in a queue of traffic or at traffic lights and can be prosecuted if found out.

It is also illegal to use a hand-held phone when supervising a learner driver or rider, and if you are an employer you can be prosecuted if you ask employees to make or receive calls while driving.

There is also the ‘just this once won’t matter’ attitude. You know it’s wrong but you’re running late to meet someone and need (not want) to let them know. One quick call, or text while at the lights, will be fine. Just this once. How many of us have done that, honestly?

And then there are those that don’t care because they are good, safe drivers who are always in control, even with one hand on the steering wheel – but how are they going to change gear?

That’s not really much of a legal defence is it? No matter how good a driver someone thinks they are, if they’re breaking the law, they’re breaking the law.

The truth of the matter is that talking on a phone while driving severely compromises your concentration, and was the cause of so many accidents that they introduced the hand-held phone ban. Even using a hands-free kit for your phone is risky and you can be prosecuted for dangerous driving while using one if the police do not think you have sufficient control of your car – the same goes for fiddling with a sat-nav system, MP3 player or anything else in your vehicle.

The best thing to do is either turn your phone off when you are driving or simply ignore it if it rings and let it go to answerphone. If you have a smartphone you can get apps to ‘use’ when you are in the car and can, for example, respond to any text message received with an automated response saying you are driving and will be in touch as soon as you can. It can also automatically divert all phone calls to your answerphone service.

This article was written by Rob Powell from Confused.com, the car insurance comparison website.