HAMPSHIRE companies whose staff frequently use mobile phones while driving are being urged to review the equipment used or they could be liable for thousands of pounds in fines.
From December 1 this year, anyone caught using a handheld mobile phone while driving will be fined £30 on the spot or up to £1,000 if the case goes to court.
Drivers could also incur three penalty points on their licence.
Lorry drivers, or those driving vehicles that can take nine passengers or more, face potential fines of £2,500.
The same regulations will allow police to prosecute an employer who "causes or permits" the use of a hand-held mobile phone by an employee who is driving, so failure to equip staff with proper hands-free equipment or to implement a mobile phone policy could prove costly.
Christina Tolvas-Vincent, head of employment with Hampshire commercial law firm Bond Pearce, said: "Employers need to study these regulations carefully as they cannot expect their employees to use hand-held mobile phones while driving.
"Although they may not be liable solely because they provided their staff with handheld mobiles or telephoned them while driving, they would have to demonstrate evidence of clear guidance having been given to employees to avoid liability.
"I would advise employers to check their vehicles for compliance as soon as possible because traditional mobile phone earpieces, for example, are no protection in law if the employee has to handle the telephone while driving.
"Hands-free phones are exempt, but only if they are integral to the car, such as operated through the steering wheel or dashboard, or in a cradle."
The new rules mean it will become an offence for any driver to use a handheld mobile no matter how briefly it is in their hand and irrespective of whether it is used for data, voice or texting while driving, even if the vehicle is stationary in traffic or at traffic lights.
Furthermore, similar devices such as handheld computers and dictation machines will be covered by the new law.
The only exemption will be to make a 999 call for a genuine emergency when it is too dangerous to stop.
Two-way radios, like those used by taxis and the police, are also exempt.
Research shows that people using a mobile phone behind the wheel are four times more likely to have an accident than other motorists.
One study showed that mobile phone drivers travelling at 70mph took longer to start breaking in an emergency than a driver who was drunk.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article