Motorists could be issued the charges for using a mobile device while they are supervising a learner driver. This is because the adult supervising a learner has an element of responsibility for the vehicle.
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This loophole means motorists can avoid driving ban
Any charges issued to the learner driver could also be handed out to the instructor meaning passengers should be aware at all times.
However, the rule can apply to any family member or adult fined who is supervising the lesson and does not solely apply to professional instructors.
Motorists caught using the devices could be hit with a massive £200 fine and may even face the threat of six points on a driving licence.
Learner drivers could face even higher penalties of up to £1,000 and six penalty points before they have even passed their test.
It is against the law to be found in charge of a vehicle without proper supervision meaning instructors could put their students at risk of heavy penalties.
RED driving school confirmed their company does not allow any mobile phone use while driving and that phones should be switched off during lessons.
The group says instructors are also likely to lose their teaching licence which could ahem major consequences for their jobs.
In a statement provided to Express.co.uk, RED Driving School said: “An instructor supervising a learner driver who only holds a provisional licence is prohibited from using their mobile phone.
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“This includes both voice calls and texting. The penalty is the same for anyone teaching someone to drive.
“They will receive six points on their licence, however, the consequences for a qualified driving instructor are much more significant.
“Six points on their licence would almost certainly result in immediate loss of their ADI badge and ultimately their livelihood.”
It is illegal to use a mobile phone behind the wheel as this could distract motorists while driving.
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- This pet rule could see motorists fined
Previously, the law was only entered ion using a phone for communication needs but this has been tightened to include simply touching a device.
Phones can be used as a navigation tool in lessons but these must be on hands-free devices and set up before a driver sets off.
Neil Greig, spokesperson for IAM RoadSmart said: “Supervising a learner actually puts you in the driving seat so legally you must treat it in the same way as if you were behind the wheel.
“Learning to drive is stressful enough without a passenger beside you who is more worried about posting than parking.”
Using a mobile phone while driving could be viewed as dangerous as road users are likely to be distracted.
In severe cases, police officers could be forced to issue penalties for distracted driving which could be as high as £1,000.
Dangerous driving which puts others at risk has a maximum penalty of £2,500 or could even result in a driving ban.
Even using a phone to pay for items can be considered a driving offence and could result in fines for motorists.
Car insurance policies could even be invalidated by using a phone as insurers could view it as negligence by breaking the law.
Transport Secretary Grant Shapps said: “We recognise that staying in touch with the world while travelling is an essential part of modern-day life but we are also committed to making our roads safe.”
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