Motorists could be fined £200 and handed six points on their licence if seen using a phone in the passenger seat of a vehicle.
The surprise offence doesn’t affect all drivers – only those who are helping teach someone to drive.
When a driving instructor or another adult is supervising a learner driver, they remain legally responsible for the car, which means that they could be liable for committing offences.
This means that should a driving instructor be using their phone while sat in the passenger seat, they could accidentally land themselves the same fine and points as anyone using a phone behind the wheel.
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In 2017, the fine for using a phone while driving doubled to a £200 fine and six points on a driving licence – therefore someone in the driver’s seat supervising a learner could also end up with such a fine.
Neil Greig, IAM RoadSmart director of policy and research, told The Express: "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."