Companies should ensure they can not be held responsible if drivers get caught using hand held mobile phones at the wheel, warns law firm DWF.

John Keeble, partner with DWF states: “Employers should ensure that they are not implicated if a member of staff is convicted. They can be held liable if they require or allow their employees to use a mobile phone whilst driving, particularly if they insist that staff take business calls but don’t provide a hands-free kit.”

Employers should make sure in their employment policies that employees are under no obligation to make or receive calls while driving. They should also install hands-free kits to all vehicles of operatives that they expect to have to talk to during journeys. Even then, if the driver is distracted by taking a call, they can still be prosecuted. Keeble recommends drivers ‘to park up to take calls’.

Fines for using a phone while driving have been doubled from £30 to £60 and three points will also be added to the driver’s licence.