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Drivers across the UK are breaking the law without even realising, by using their phone while in the passenger seat. 
While every motorist knows using a mobile phone while driving is against the law, many are unaware that this can sometimes apply to a licence holder who is not behind the wheel.
When supervising a learner driver a motorist is subject to the same £200 fine and six penalty points for using their mobile phone as the person in control of the vehicle, industry experts have warned.
The law applies to both professional instructors and friends or family teaching a loved one.
Drivers have been warned they are legally 'behind the wheel' when supervising learners and will be hit with the same punishment for using their phone as if they are driving
Neil Greig, IAM RoadSmart Director of Policy and Research, 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 at the wheel has been prohibited since December 2003, but on March 1st 2017 tougher sanctions were introduced for anyone caught breaking the rules.
The fine and punishment received doubled to six penalty points on your licence, and a £200 fine.
Under the new rules new drivers can have their licence fully revoked if they rack up six points in their first two years, instead of the previous 12.
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British drivers face among the toughest punishments in Europe for mobile phone offences.
Despite the crackdown thousands of people continue to use their phone and drive.

In 2017 about 30,000 were caught for the offence.
Neil Greig, IAM RoadSmart Director of Policy and Research, believes some drivers are unaware of the law which means they are subject to the same penalties as a learner when supervising
Drivers are legally allowed to pull over to use their phone as long as they are in a safe place and the engine is switched off.
A handheld device can be used to call 999 while driving in a genuine emergency, only if it is completely unsafe to stop.
Other road rules which experts say some drivers are unaware of include punishments for moving out the way of an emergency vehicle.
A motorist can still be hit with fines for going through a red light to let a service vehicle pass, or entering a bus lane to make way.



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