Police are to start prosecuting drivers for any handheld mobile phone use from next year, on the back of tighter legislation.

The tougher legislation closes a loophole and means anyone caught using their handheld device while driving will face a £200 fixed penalty notice and six points on their licence

While it’s already illegal to text or make a phone call on a handheld device while driving, unless it’s an emergency, tougher laws will ban drivers from taking photos or videos, scrolling through playlists, or playing games.

It means anyone caught using their handheld device while driving will face a £200 fixed penalty notice and six points on their licence.

Announced during Road Safety Week, the move closes a current loophole that has enabled people caught filming or taking photos while driving to escape punishment as lawyers have successfully argued this activity does not fit into the ‘interactive communication’ currently outlawed by the legislation.

In fact, RAC research suggests that more than one in 10 younger drivers admit to taking a photo or video while driving, while 6% say they have played a game.

A ban on such practices is heavily backed by the public – a consultation found that 81% of people supported such action.

The Highway Code will also be revised to explain the new measures and make it clear that handheld phone use while stationary at traffic lights or in traffic jams is illegal except in very limited circumstances. Drivers will still be able to use their phones at places like drive-through restaurants or road tolls in combination with a card reader.

Transport Secretary Grant Shapps said: “Too many deaths and injuries occur whilst mobile phones are being held.

“By making it easier to prosecute people illegally using their phone at the wheel, we are ensuring the law is brought into the 21st century while further protecting all road users.”

The move has been universally welcomed by road safety and motoring organisations, who have spoken out for years on the need for further action.

Mary Williams, chief executive of road safety charity Brake, said: “Driver distraction can be deadly and using a handheld phone at the wheel is never worth the risk. This important road safety decision by Government, coinciding with Road Safety Week, is very welcomed.

“This news is particularly welcomed by families suffering bereavement and catastrophic injury due to drivers being distracted by phones. The theme for Road Safety Week is road safety heroes – we can all be road safety heroes by giving driving our full attention.”

The AA also welcomed the change to the law.

Edmund King, AA president, said: “It helps to clarify what is acceptable when using them hands-free when driving and what poses a threat.

“By making mobile phone use as socially unacceptable as drink driving, we are taking big steps to make our roads safer. For years, the AA has campaigned hard and helped educate drivers to the dangers from bad mobile phone use.”

But he reiterated concerns voiced in the past that legislation needs to be reinforced by having more police out on the roads.

“To help ensure drivers get the message, we also need more cops in cars to help catch and deter those still tempted to pick up.”

It’s a viewpoint also expressed by the RAC.

Road safety spokesman Simon Williams said: “While today’s announcement is clearly good news, it’s absolutely vital that the new law is vigorously enforced otherwise there’s a risk that it won’t deliver the sort of behaviour change that will make our roads safer.”