It is a dangerous crime and on the rise. More drivers here are talking on their cellphones while driving - and getting caught for it.

The Traffic Police says that the number of summons issued for the offence of cellphone driving went up by almost 40 per cent last year - from 1,908 in 2005 to 2,661. In contrast, there were only 1,839 of such cases in 2004.

One driver who had a brush with the law was professional dog walker Miss Yap Yen Ni, who was caught with her hand on the cellphone while driving two years ago.

'The cop asked me to turn off the phone and took my phone away on the spot. I didn't even get a chance to make a call or to copy my numbers,' recalled Miss Yap who is her 40s.

After writing a letter of appeal, Miss Yap was fortunate enough to get away with a $200 composition fine and 12 demerit points. She got her phone back.

Chastened she now uses a Bluetooth handsfree ear-piece. Other drivers may not be as fortunate as Miss Yap. They can be fined or jailed for Traffic Police take a serious view of this offence.

A Traffic Police spokesman told Digital Life: 'Cellphone driving is an inconsiderate and dangerous act that poses a threat to other road-users. It distracts the drivers and reduces their ability to control their vehicles and react to changes in road situations.'

What exactly constitutes the offence? There are three criteria, said the police.

Firstly, the vehicle is in motion. Secondly, the driver is holding on to the mobile phone with one hand and the steering wheel in the other. Lastly, the driver is talking, texting or otherwise communicating on the cellphone while driving.

Which means reading, writing or sending SMS and MMS messages is equally an offence if done while driving.

To avoid ambiguity, the spokesman added: 'Traffic Police will only take action when our observations show that all the three conditions for the offence of handphone driving are concurrently present.' So, if the driver is holding the phone in one hand but not using it to communicate while driving, he is not liable.

However, if by doing so, the driver loses attention on the road and fails to maintain proper control of his vehicle, he can still be charged with inconsiderate or dangerous driving.

In other words, there is no way to beat the rules. The punishment for offenders can be severe.

A first-timer convicted of cellphone driving can be fined up to $1,000 or jailed for up to six months or both.

In addition, the driver may be disqualified from driving or be given 12 demerit points. If the offender is lucky, he may get away with a composition fine of up to $230 plus 12 demerit points.

On top of that, that $1,000 super smartphone plus SIM card may be seized for investigations and may also be forfeited by the court upon conviction. Repeat offenders face a maximum fine of $2,000 or a maximum jail of 12 months or both.

For Miss Yap, the incident was a sobering experience. She had stored all her clients' contacts on the phone. Momentarily, she felt a loss as the phone was taken away by police.

Fortunately, she writes all her contacts in paper form, so she could still contact her dogs and their masters after that incident.

So, why do drivers persist in doing what is against the law?

Consultant psychiatrist Dr Adrian Wang said that this is because people have a false sense of confidence when they are in their car.

'We think that we are in this bubble, this cocoon, where we can do anything without anyone knowing. So you would pick your nose, make bad signs and even talk on the phone,' he added.

People, however, need to realise that the brain can only do so many things at the same time, and that talking on the phone while driving can be dangerous, added Dr Wang.

'When they get caught, the bubble bursts,' he quipped.

The good news is that you can get away with talking on the phone while on the wheel, if you follow the simple maxim: 'Look Ma, no hands.' On the phone that is, not the steering wheel.

Today, there are tons of hands-free devices. From the standard, single-ear Bluetooth earpieces (for Beng types) to the O-Roker - shades-cum-Bluetooth earphone by Motorola and Oakley (for super Bengs) (See pages 3 to 5.)

If not, go back to basics with the good old wired earpiece that comes with your phone package.