More than 16 million drivers are risking prosecution by using their mobile phones while stuck in traffic, as motoring groups call for more clarity around the law.

Using a hand-held device while behind the wheel is an offence that can lead to six penalty points and a minimum £200 fine, even if your vehicle is not moving.

But a recent survey by the RAC found that 40 per cent of all drivers admitted using their phones to make or receive calls while stationary in traffic.

While some said they did not believe they would be caught others admitted they were confused by the rules.

With new mobile technology able to perform all sorts of tasks at the touch of a button, there is mounting concern that the law is not clear enough about what is permitted while behind the wheel.

The current guidance from the National Police Chiefs' Council states that it is an offence if an officer determines the use of the device has hindered the motorists' ability to control the vehicle.

But critics claim the current law is too subjective and is being applied in different ways by different police forces.