POLICE will not ticket drivers for using cell phones on the road ? unless there is evidence that it is causing them to drive badly.

Bermuda Police Service yesterday moved to clarify the law in the light of recent media reports which may have left drivers uncertain.

"Police can issue tickets for the use of cellular telephones whilst driving only when there is evidence of driving misconduct, e.g. encroaching into the opposite carriageway, braking sharply to avoid collision and any other act committed by the driver which deviates from the normal standard expected of a reasonable, prudent and competent driver," the police statement said.

Using a cell phone while driving is "not necessarily an offence on its own". And the statement added that under the Road Traffic Act 1947, it could be argued that it was a routine activity such as tuning a radio, speaking to passengers or drinking a soda.

The relevant part of the Act is that which requires motorists to drive with due care and attention.