It is illegal to Drive while using a hand-held mobile phone.

From February 2007 motorists have faced tougher penalties for breaking the law by using a hand-held mobile phone while driving.

The fixed penalty includes three penalty points as well as a £60 fine.

The then transport secretary Douglas Alexander said at the time: "Research shows that talking on a mobile phone while driving affects your concentration and ability to react to dangerous situations. It's quite simple - it's impossible to do two things at once and do them well. That is why in December 2003 we introduced new laws preventing motorists from driving while using a hand-held mobile.

"We have seen a groundswell of support for this move. But, worryingly, while 92% of people agree with the law, 21% of drivers admit to breaking it. That is why, from 27 February, the Road Safety Act will introduce a tougher fixed penalty of three points on your licence as well as a £60 fine."

Home Office figures for 2004 show that nearly 74,000 fixed penalty notices were issued for illegal use of a mobile phone while driving.

The following is taken from Colin Tourick's book - Managing your company cars published in 2007

Several research projects have been carried out into the effects of using a mobile phone while driving.

Germany was one of the first countries to carry out detailed research into mobile phone use when driving. It showed drivers make 6.5 times as many driving mistakes (for example, not stopping at red light) when holding a mobile phone. It also revealed that 20 accidental deaths and 550 injuries had been caused in Germany by the use of hand-held mobile phones. Hence Germany was the first country to introduce legislation banning their use.

If you expect drivers to use mobile phones when driving for work and they then have an accident, the employer and the directors of the company may both be held responsible.
A hands-free phone is slightly safer than a hand-held one, which is now illegal, because at least both of the driver's hands can be used for driving the vehicle. But what happens when they dial a number?

Research in Germany showed that dialling a number when driving means travelling 150 metres blindly. And once the call has been dialled, even the use of a hands-free phone can still cause distraction.

When the use of mobile phones was made illegal in Japan, the number of mobile phone-related accidents halved.

We all know that when we use a mobile phone, or indeed any phone, we enter a parallel universe where we become less aware of the things around us.

The Department of Transport introduced a partial ban on the use of hand-held mobile phones while driving from 1 December 2003. The regulations ban drivers from speaking, sending or receiving a call with a hand-held phone, except when calling the emergency services.

The precise wording of the legislation is: "No person shall drive a motor vehicle on a road if he or she is using a hand-held mobile telephone. A mobile telephone is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call."

There was early speculation that the ban might cover the use of loudspeaker system and hands-free earpieces but the government has decided not to ban these as they present enforcement difficulties. Therefore drivers can still press a button to receive a call so long as the phone is not held.

The regulation permits the use of a hand-held mobile whilst stationary, even if the engine is running, but not when the vehicle is at traffic lights or held up in traffic. Even before the new regulations were announced, employers could be prosecuted if they 'cause or permit' their employees to use a hand-held mobile phone for work when driving. These regulations remain in force, so employers have responsibilities here as well as drivers.

If an employee has an accident when driving and using a hand-held mobile phone, and is convicted, their use of the phone will be taken into consideration when they are being sentenced.

Hence a fleet van driver was jailed for three years in August 2004 for causing death by  dangerous driving whilst using a hand-held mobile phone. The court heard that the van was driven onto the wrong side of the road and crashed into a pickup truck being driven by a pensioner. The police obtained evidence from the mobile phone company to confirm that the van driver had been speaking on his mobile phone at the time of the accident.

The driver's employer had a policy banning the use of hand-held mobile phones when driving, and the driver had signed confirming receipt of the handbook.

From comments in court during the case, it was apparent that the police would have prosecuted the driver's employer had it not been for this policy.

It's a good idea to set up a message that says: "I am driving and cannot take your call. Please leave a message and I will call you back when it is safe to do so."

It is also worthwhile considering having a company policy on other distractions while  driving, such as eating and drinking.

In June 2004, at Newcastle Crown Court, a delivery driver pleaded guilty to causing death by dangerous driving while driving for work. He had been using a hand-held mobile phone at the time of the accident.

His employer prohibited the use of hand-held mobile phones in the company's vehicles. This was clearly set out in the driver handbook that had been issued to the driver and that he had signed for.

In court the Crown Prosecution Service said that it was not planning to prosecute the employer in this case, because it had a robust policy.

The message here is clear; a well-written driver handbook reflecting best practice can save your company from prosecution.