A legal loophole which allows motorists to use mobile phones behind the wheel to film or take photographs to escape prosecution is set ‘to be closed’ by the government.

Despite it being illegal to drive while using a hand-held phone to call or text, some drivers have avoided punishment for taking photos and videos.

The news follows when, a man overturned a conviction for filming a crash, claiming he wasn’t using his mobile phone ‘to communicate’.

These laws are said to be revised by the government; among views the current legislation has fallen behind advances in smartphone technology.

The updated regulation could also include browsing the internet and searching for playlists while driving.

The review of current laws will be carried out by the Department of Transport ‘urgently’. In addition, further proposals are ‘expected to be in place by next spring.’

Samuel Nahk, senior public affairs officer of road safety campaign group Brake, said: “All phone use behind the wheel is dangerous and to get this message across to drivers the law must reflect this.”

In March 2017, the fixed penalty for driving while using a hand-held mobile phone was increased from three penalty points and a £100 fine to six penalty points and a £200 fine.

Nahk added: “Far too many people still use their phone behind the wheel, yet it should be as unacceptable as drink driving.”

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