From November 1 2009 it will be against the road rules for drivers to text or talk on a handheld cell phone while driving.

The change is part of the Land Transport (Road User) Amendment Rule and will see drivers using handheld mobile phones receive an infringement notice consisting of an $80 fine and 20 demerit points.

Transport Minister Steven Joyce says that driver distraction - particularly through the use of cell phones - is a real issue on our roads.

"There are a lot of other distractions while driving but handheld mobile phone use has grown to become a significant problem. The reality is we need to send a strong signal to all road users that it's not on. Texting and driving, in particular, is a total no brainer," he said.