Company-owned Mobile Phones

From 1 December 2003 it will be illegal for any individual to use a hand held mobile phone whilst they are driving. The use of hands-free equipment will remain lawful, however its use is being discouraged.

Many employees use a company-owned mobile phone for both business and personal use.

Can an employer be held liable?

By virtue of an amendment to the Road Vehicles (Construction and Use) Regulations 1986 employers could be held liable for offences committed by their workers.

• It is an offence to 'cause or permit' an individual to use a hand held mobile phone whilst driving.
• This will cover employers who must neither ask nor expect their employees to use their mobile phones whilst driving.
• An employer can unknowingly call an employee whilst (s)he is driving, but should not expect him/her to answer.
• It is unlikely that an employer will be held liable solely on the basis that they had supplied the phone.

Protecting the Company from Liability

A company cannot fully protect itself, however the following may limit its liability:

• Clear guidance should be given to all employees not to use a mobile phone whilst driving.
• Clear guidance should be given to all workers not to phone other workers if they may be driving.
• Advise workers of the consequences if they fail to comply with the guidance e.g. disciplinary action and potential dismissal.

Penalties for Non -Compliance

The offence is currently subject to the following penalties:

• £30 fixed penalty or fine of up to £1000 on conviction in court (£2500 for drivers of goods vehicles, buses or coaches)

The government intends to increase the basic penalty to 3 penalty points and a £60 fixed fine.

Carol Shaw
Partner

20 November 2003