it is illegal to hold a phone in your hand, even if your not using it.
here are the details for all to heed........
The law is changing to make driving safer. From 1 December 2003 it became illegal to hold a mobile phone while driving in mainland Britain. The law applies to all motor vehicles.
From 27th February 2007, it is illegal to use a mobile phone with either a corded or Bluetooth headset if, while making or having a conversation, even if you're using a Bluetooth, you are not in proper control of your vehicle, then an offence has still been committed.
How this affects you
•You are breaking the law if you hold a mobile phone or other mobile device while driving. This includes cradling the phone on your shoulder, or holding it by any other means.
•It is illegal to hold a mobile phone or other mobile device any time your engine is switched on, even if the car is stationary, whether to make or take calls, send text messages, use wap or any other function.
•It is also an offence to hold a mobile phone or other mobile device while supervising a learner driver.
•It is an offence for someone to 'cause or permit' anyone else while driving to use a handheld mobile phone or other mobile device - this includes employers who require or expect their employees to make handheld mobile phone calls while driving.
•The only defence will be if you're dialling 999 in response to a genuine emergency and cannot stop safely to make a call. The initial fine will be £30 rising to a maximum of £1,000 (rising to £2,500 for drivers of commercial vehicles or vehicles which carry 9 or more passengers) if the case goes to court.
What can you use while driving?
As the driver must be holding the phone in order to commit an offence, you can continue to use hands free kits while driving (as long as the phone is not held while your engine is switched on). These include:
•Fully-integrated car kits with cradles
•Bluetooth headsets (see note below about driving and proper control)
•Mobile devices with integrated loudspeakers (even if not used in conjunction with any other type of hands free equipment)
You should be aware that the police have advised that drivers could (and would) be prosecuted if they were using a hands-free or Bluetooth kit and deemed not to be in proper control of their vehicle as, an offence has still been committed. (Driving without due care and attention etc)