Motorists will face tougher penalties for driving misdemeanours ranging from using mobile phones to splashing pedestrians, under new guidelines published yesterday.

Using a mobile, sat-nav or MP3 player while at the wheel could send drivers to prison for up to two years.

But they could also be fined up to £2,500 for driving through a puddle and splashing pedestrians or for failing to dip headlights.

In future a range of misdemeanours will be treated as dangerous driving, which carries a two-year maximum prison sentence, rather than careless driving, which can be dealt with only by a community order or fine.

The policy outlined by the Crown Prosecution Service could also mean that motorists in England and Wales who cause death on the roads face life imprisonment.

The new detailed guidance, first announced earlier this year, will make clear that prosecutors should consider manslaughter charges for the worst cases of death by dangerous driving.

Sir Ken Macdonald, QC, Director of Public Prosecutions, said in September when announcing the policy change: “We accept that in cases where there is clear evidence that danger has been caused by their [mobile phone] use – such as texting while driving – then our policy should spell out that the starting point for charging will be dangerous driving.”

Current guidelines say manslaughter is “very rarely appropriate” in road death cases but the change will mean alternative charges could be brought.

Someone who has killed on the roads could be charged with manslaughter as well as causing death by dangerous driving, for example, leaving a jury open to return the lower charge if they find manslaughter has not been proved.

Rob Gifford, executive director of the Parliamentary Advisory Council on Transport Safety, told the BBC Radio 4 Today programme: “It’s not every single driver using a mobile phone while driving who faces jail, it’s those few drivers whose behaviour leads them to have a crash when they are using a mobile at the same time.

“What people are being reminded of is that driving is a complicated activity and it is better to concentrate on driving than talking.”

Sheila Ranger, head of campaigns at the RAC, said: “This is for people who are doing the most outrageous acts on their phone. We still see terrible crashes where people have been texting, driving into the back of stationary queues because they haven’t seen them.”

Jools Townsend, head of education at Brake, the road safety charity, said: “We welcome these new prosecution guidelines, which recognise that using a mobile while driving is an incredibly dangerous act. Too many people are still flaunting the law and endangering lives by using their mobile behind the wheel.”

Points

Dangerous driving
Maximum penalty of up to two years’ jail
— racing or competitive driving
— reading a newspaper
— sudden change of lane

Careless driving
Penalty points, £2,500 fine, possible ban
— tuning the radio
— lighting a cigarette, if avoidably distracted

Inconsiderate driving
Penalty points, community £2,500 fine
— driving a bus in a way that alarms passengers
— driving with lights on full beam
— driving through a puddle, splashing pedestrians