Motorists who kill whilst avoidably distracted at the wheel - including using a mobile phone, drinking and eating - will face up to five years in prison under new careless driving laws which come into force on Monday (August 18). The new offence of causing death by careless driving will, for the first time, allow courts to imprison drivers who cause deaths by not paying due care to the road, or to other road users. It is designed to plug the gap in current legislation and so prevent drivers who kill walking away from court with just a fine. Avoidable distractions which courts will consider when sentencing motorists who have killed also include applying make-up or anything else which takes their attention away from the road and which a court judges to have been an avoidable distraction.