When It's Not Good to Talk
1 Dec 2003
With effect from 1st December 2003, anyone driving a motor vehicle who is caught by the police using a handheld mobile phone can be required to pay an on-the-spot fine of £30 (increasing to £1,000 if the issue goes to court).
This is by virtue of an amendment to the Road Vehicles (Construction and Use) Regulations 1986. These Regulations currently provide that a driver must be in a position to keep control of their vehicle at all times – the effect of the amendment will be that the police can stop anyone using their mobile phone whilst driving even though they may seem to be well in control.
It should be noted that 'driving' includes situations when the vehicle is stationary but the engine is still running. Therefore, to avoid an offence the vehicle will need to be parked safely with the engine switched off prior to using the phone.
Companies also need to be aware that it will be an offence to "cause or permit" another person to use a mobile phone in a way contrary to the Regulations. So, employers shouldn't ask or require employees to use phones whilst driving. They can still provide employees with phones but should not expect them to answer if driving.
We strongly advise all companies to inform their employees of the new rules with an instruction that they must comply with them. As stated above an employer found to have "caused or permitted" their employee to commit an offence will themselves be liable to prosecution.
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