Using hand-held mobiles while driving was banned last December

Breakdown rescue firm Green Flag found 10% of 700 drivers surveyed in January used a phone at the wheel, though 99% of them were aware of December's ban.

Over 75% agreed using a phone severely impaired their ability to drive safely.

Anyone using a hand-held mobile while driving risks a fixed penalty of �30 or a fine of up to �1,000 if convicted plus three points on their licence.

Green Flag found only two drivers surveyed had received a verbal warning and one a formal caution.

Leniency 'over'

BBC transport correspondent Tom Symonds says the latest figures obtained by the BBC show the number of motorists caught varies across the country from more than 700 in Strathclyde to just 17 in rural Sussex.

REGIONAL FINES Strathclyde 781 West Midlands 440 Thames Valley 255 Greater Manchester 244

But he says most forces have now ended the period of leniency introduced to get motorists used to the new laws.

Green Flag spokesperson Melanie Denny said: "The survey shows that there are still a significant number of motorists prepared to risk a fine or even an accident by using a mobile phone handset when driving.

"Our research shows the majority of motorists are aware of the ban and the dangers associated with mobile phone use, yet they are still prepared to take risks."

Some 64% of drivers said they never used their hand-held mobile phone while driving and over a quarter of respondents said they had made a conscious effort to use a hands-free kit since the ban.

The advice to drivers is clear and simple: Don't make or take a call, you may take a life Mary Williams Brake

Nearly half said they made calls when parked and almost 60% said they would not change their behaviour following legislation as they have never made calls using a hand-held mobile phones while driving.

Mary Williams, chief executive at road safety charity Brake, said: "These findings show that a worrying number of drivers are still putting lives at risk by using their hand-held mobile phones behind the wheel."

She said using a mobile phone while driving makes people up to six times more likely to crash and that even hands free phones were a distraction.

"The advice to drivers is clear and simple: Don't make or take a call, you may take a life," she said.

Employers have a legal responsibility to include policy on mobile phone use that reflects the new laws.

But just a quarter of survey respondents said they had been clearly updated on new company policy as a result of the ban.