MOTORISTS could be slapped with a fine for using their mobile phone in the car - and they don't even have to be driving.

Brits can actually receive the same £200 fine and six penalty points for using their mobile phone while supervising a learner driver.

Getty - Contributor Motorists supervising a learner could be fined for using their phone

As the person instructing a learner driver is legally responsible for the car, all road laws that would normally apply to a driver also apply to the instructor in the passenger seat.

That means that it's illegal for the instructor to touch their mobile phone in any way while teaching another person to drive.

This applies to both professional driving instructors, and friends or family of a new driver that may be supervising a lesson.

In most cases, supervisors should treat a lesson as if they are driving themselves - but not all traffic offences will affect their licence.

Rules for supervising a learner driver Anyone supervising a learner driver must: Be over the age of 21

Be qualified to drive the type of vehicle they are instructing in

Have held a full driving licence for at least three years

Ensure their insurance covers learner drivers

Not take payment from a learner unless they are a qualified driving instructor

Alamy Driving instructors are legally in charge of a vehicle when a learner is behind the wheel

For example, if the learner breaks the speed limit while under supervision, their licence will receive the fine and penalty points instead of the instructor.

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."

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Earlier this year, we reported how British motorists face some of the harshest penalties for mobile phone use in Europe.

Since their increase in March last year, fines for using a mobile phone behind the wheel in the UK became the joint highest on the continent, along with Holland.

But despite the stern approach taken in Britain, a separate investigation recently revealed as many as 30,000 drivers were caught using their phones in 2017.