IT has been a loophole that has made it possible for killer drivers to escape prison.

Up until now it has been impossible to imprison motorists whose driving was not considered "dangerous", even if it resulted in a fatal accident.

But from Monday drivers who cause fatal crashes while glancing at their mobile phone or changing the radio could face five years in jail thanks to a new law.

Causing death by careless driving will cover incidents where a motorist's attention wandered at a crucial time. Drivers face jail if they were looking away from the road when an accident took place.

However, under guidance for judges, drivers convicted of the offence - even in the medium category of seriousness - could escape with a community sentence.

A driver who killed while talking on a hand-held mobile phone would be prosecuted for causing death by dangerous driving, which carries a 14-year maximum jail term.

The change is welcomed by the head of Dorset's road policing unit, Chief Inspector Wes Trickey.

"This is a step in the right direction," he said. "Only 28 per cent of road deaths in Dorset are linked to speed which means that 72 per cent are caused by drink driving or driver distractions such as using mobile phones, changing the radio, putting make-up on - this is the biggest killer on Dorset's roads."

Speaking about the five-year prison sentence for the new death by careless driving law, Chief Insp Trickey said: "Personally I wonder if it is enough. For the families, their loved ones will never be coming home."

He said the road policing unit is now focusing on eight main areas, including drink driving, driving while using mobile phones, driver distraction, disqualified, uninsured and unlicensed motorists and people not using seatbelts.

A second law coming into force on Monday will mean that uninsured, unlicensed and disqualified drivers who kill will face up to two years in jail. Until now they could avoid jail unless they were over the drink-drive limit or could be found guilty of causing death by dangerous driving.

Cllr Robert Lawton, cabinet member for environment and transport at Bournemouth council, said: "Motorist distractions feature highly in accident statistics and we will continue to prioritise our resources towards heightening driver awareness of this issue."

  • How many people did we spot breaking the law? See Saturday's Echo to find out