A ROAD safety charity has criticised magistrates who chose not to ban a driver caught using his mobile at the wheel because it would cost him his livelihood.

A police patrol spotted Zabir Kapadia on the phone while driving his Audi on March 1.

They pulled him over in Halliwell Road and Kapadia claimed he was unaware of changes to the law because he had been on holiday.

At Bolton Magistrates Court earlier today he admitted using a handheld phone while driving and failing to wear a seatbelt.

Kapadia, aged 33, of Halliwell Road, Bolton, told magistrates he had to drive to collect vehicles for his Preston-based car sales business All Brand New.

He said his outgoings stopped him from hiring another driver and that he had to work to support his wife of three months and nine-year-old daughter.

Kapadia said he lived with his mother, a widower, and often drove her to the shops.

He brought to court documents proving he was in business, including a copy of Auto Trader containing his phone number.

"It was Auto Trader who rang when I got caught," he said.

"I know it's my fault and stupidity but I won't do it again."

He told the court he had since spent £290 on a bluetooth phone with hands-free kit.

Kapadia already had nine points on his licence and the court heard he had three previous convictions for speeding.

Magistrates imposed a total fine of £210 and costs of £35. They endorsed his license with three points but chose not to impose the usual ban for reaching 12 points.

Presiding magistrate Glennys Astley said: "We do accept your exceptional hardship plea on the grounds you would lose your job and as a consequence you, your family and employer would suffer.

"We haven't taken this decision lightly and should you accrue any more points, you would be brought back to court and the courts would have no option other than to ban you from driving."

However, June Webb of the Greater Manchester branch of road safety charity RoadPeace, said: "I'm sick to death of this softly, softly approach.

"Magistrates should take a trip to the mortuary to see what the victims of road deaths have to go through.

"All we would ask is that they stop and think for one minute about having to see someone they love killed by someone using a mobile phone, speeding or drink driving."

Mrs Webb's daughter Jodie died after a night out to celebrate her 21st birthday when a speeding driver lost control of his car in Bolton Road, Aspull, in August 2000.