MORE than a third of UK drivers (nearly 10m motorists) are still using hand-held mobile phones while driving, despite it now being illegal.

The statistic comes from research into driver behaviour by RAC Legal Services, which revealed 37 per cent of motorists continue to use a hand-held mobile phone while driving, even in the face of fixed penalties and tough crackdowns by police forces across the country.

In addition, even though 92 per cent of drivers say they are responsible, law-abiding motorists, as many as one in 10 admit to texting on their phone while driving on the roads. The results support prior RAC research, which showed 89 per cent of drivers think the hand-held mobile phone law is not changing driver behaviour.

Since December 2003, using a hand-held mobile phone has attracted a fixed penalty of £30, rising to £1000 on conviction in court. Police can also charge those involved in an accident while using a mobile phone with careless driving or dangerous driving, ultimately leading to a driving ban and fine decided by a court.

Mark Hodges, spokesperson for RAC Legal Services, said: "This is something we suspected was happening, but our research proves the shocking number of drivers flouting the law.

"Drivers using a hand-held mobile phone pose a major threat to the safety of all road users and the law seems to have had little effect on their attitudes. Even though people continue to take huge risks, they should be aware the law is now clear and no motorist should be using ignorance as a defence."