Employers could be liable for their staff using mobile phones on business calls while driving, Real Time Risk Assessments has warned.
The risk management consultancy has carried out a survey that reveals three-quarters of employees take business calls in their vehicles, with 29% of them not having hands-free technology.
Fleet solicitor David Faithful said: “Employers are legally obliged to have a Mobile Telephone Usage Policy in place. If one of their staff crashes while on a business call, directors could be prosecuted under Health and Safety Laws.
“Simply telling an employee not to take calls isn't good enough and even supplying them with a hands-free kit doesn't provide a ‘get out of jail' clause. The police will now routinely obtain mobile phone records of drivers involved in serious or fatal road accidents, use of a phone in an accident is regarded by the Courts as an aggravating factor in the same way as drunk driving and will result in a custodial sentance”.
From 27 February, the fine for using a mobile phone while driving will double from £30 to £60, with an automatic three points on the driving licence.
Faithful said: “Whether it's the use of mobile phones, making sure MOTs are up to date, even that service intervals are kept to, employers have to make sure that their staff's cars are in roadworthy condition and that they have insurance cover for business use.”
The survey also revealed that a quarter of the drivers either did not have business use motor insurance cover or were “not sure”.
