Release date: November 2003

With intended changes to the law in the use of hand-held mobile phones whilst driving, employers would be well advised to review their current situation for their employees on the road.

Darlington solicitors Close Thornton alerts local companies of changes in the law and warns employers that they may be liable if they fail to prohibit employees from using hand-held mobile phones while driving.

Phones in vehicles have of course many benefits, in particular providing security and help in an emergency. However they are distracting if used while driving and this increases the risk of an accident.

From 1 December 2003, penalties will be introduced with a fixed fine of £30, or a fine on conviction of up to £1,000 plus three penalty points on the driver’s licence.

Chris Wiper, Senior Partner specialising in Commercial and Company Law at Close Thornton Solicitors in Darlington recommends that employers whose employees drive in the course of their business would be best to advise their staff to:

• Never use a hand-held mobile phone while driving, as you are not in full control of the vehicle.
• It is also best not to use a hands free phone while driving, as you will still be distracted and your mind will not be fully on your driving. It is not like talking to a passenger, who is aware of the traffic conditions and can see what is happening whilst your are driving.
• Keep the phone switched off, use voicemail or divert call to take messages.
• Only use the phone after you have stopped in a safe place.

Chris Wiper states:

"If it is essential for your staff to be contacted while they are driving, tell them to use voicemail or call diversion and to stop regularly to check messages and return calls."

He adds,

"Employers are advised to create a mobile phone policy that strictly prohibits the use of hand-held phones whilst driving."

Chris Wiper heads an experienced commercial team at Close Thornton Solicitors, providing practical and professional advice on a broad range of legal issues. This article is not intended to be an exhaustive statement of the law or a substitute for seeking specific advice. For further information please contact Chris Wiper on 01325 466461 or email chris.wiper@close-thornton.co.uk.

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