Employers liable for hand-held calls on the road


From 1 December it will be an offence to use a hand-held phone while driving and employers may be liable if employees break the law.
For individuals the penalty will be a £30 fixed fine, or up to £1,000 on conviction in court (£2,500 for goods or passenger vehicle drivers). The Department for Transport (DfT) plans to increase this to £60 plus three points on a driver's licence.
The DfT has published some frequently asked questions and answers on its website www.dft.org.uk.
The guidance says: "Employers would probably be liable if they require their employees to use a hand-held phone while driving and might also be liable if they fail to forbid employees to use such phones on company business."
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It defines a hand-held device as "something that is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function".
Hands-free equipment is not prohibited by the new regulation and pushing buttons on a phone while it is in a cradle will be allowed.
If your phone rings when you are driving, the DfT's advice is to "let it ring and return the call when you are safely parked".
It will also be an offence to use a hand-held phone while stopped at traffic lights or in a traffic jam.


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