The Crown Prosecution Service will now prosecute drivers for dangerous driving if they use hand-held mobile phones. Editor Ralph Morton reports.Businesses need to ensure they are up to speed on using mobile phones while driving.

And then make sure their staff are fully briefed, too.

It is illegal to use a hand-held mobile while driving.

Since February 2007, the penalty if caught has been a L60 fine. And three penalty points.

However, following concerns that not enough drivers were following this law, the Crown Prosecution Service has toughened its stance with new guidelines for prosecuting cases.

If a driver is deemed to be driving unsafely while using a hand-held mobile, that driver could face a two-year jail sentence for dangerous driving. There is also a 12 month disqualification period.

For small businesses with few staff the risk to profitability is severe should an employee be caught. Especially if that employee is a key income generator. There is also the associated risk of business disruption that is likely to be experienced.

The other thing I would ask you to bear in mind is this: the offence is dangerous driving. So even if someone is using a hands-free kit, but the driving is considered dangerous, they too could be prosecuted.

What should I do?

• Make sure everyone knows that hand-held mobiles are illegal while driving
• If staff need to make or receive calls on the move, make sure it’s via hands-free
• If possible, ask them to stop before making or receiving calls
• Research by Brake suggests any mobile conversation is distracting and potentially dangerous

What are the penalties?

• Go to our law section on The law and mobile phones

Where can I read more about the Road Safety Act?

• Go to our law section on The law and the Road Safety Act