However, many employers will not have considered the impact of the creation of this new offence. From 1st December drivers caught using a hand-held phone may be fined up to £1,000, but the forthcoming change in the law has made little impact on the public consciousness. A survey released on Monday by mobile headset manufacturer JABRA and the Association of British Drivers found that 40% of British drivers were unaware that the law was coming into force.
A quarter of those who did know of the change would not stop using their hand-held mobile while driving, the research found.
Twelve percent of drivers questioned said that they were required to use their phones while driving for work purposes. However, 62% of these people are not provided with hands-free kits from their employers.
Employers should reconsider their position in the light of information on the Department for Transport's web site. The site points out that the new rules "apply to 'anyone who causes or permits any other person' to use a hand-held mobile phone while driving."
It goes on:
"The Department considers that employers would not be liable just because they supplied a telephone or because they phoned an employee who was driving. However, employers would probably be liable if they required their employees to use a hand-held phone while driving and might also be liable if they failed to forbid employees to use such phones on company business."
All employers who provide their employees with mobile phones or whose employees are regularly on the road for their business need to consider amending their written terms and conditions of employment. In future all contracts of employment should make it clear that employees must not use a hand-held mobile phone whilst driving on company business.
