In the most serious cases, they
Currently, motorists face an automatic fine and three points on their license under the lesser charge of careless driving.
Director of Public Prosecutions Ken Macdonald said earlier this year that drivers who flout the law and drive dangerously should face tougher penalties.
"There is widespread public concern about the use of mobile phones and other handheld electronic equipment while driving," he said.
No one at the Crown Prosecution Service could be reached immediately for comment.
Using a cell phone while driving was banned in 2003, but thousands of drivers break that law each day.
Motoring groups said some drivers ignore the ban because the police have failed to charge enough people.
Sheila Granger, campaigns manager at the RAC, told the BBC: "We'd like to see police on the streets, taking action. The best deterrent is for a motorist to be either pulled over themselves or know someone else who has been stopped."
The ban does not cover hands-free phones, but drivers who use them can still be charged, if police think they're not in control of their car.
Drivers are four times
Immigration Minister Liam Byrne was fined 100 pounds last month after admitting to speaking on his mobile while driving in Birmingham.
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