The 2003 ban on the use of mobile phones at the wheel was one of the most important steps towards road safety taken in recent years and because hands-free kits are legal, some organisations assume that employees with that equipment are still contactable and available while driving.

However, there are still significant risks. In June, haulier Mervyn Richmond was jailed for four and a half years: while talking on a hands-free phone, he collided with a van on the A631 and killed the passenger inside.

This case shows that making or receiving a call on a hands-free kit can still lead to severe legal consequences – and employers can also be prosecuted if they require employees to make or receive mobile calls while driving.

Using any type of communication device while behind the wheel can cause drivers to become distracted. All organisations should have ensured by now that their employees know that the use of hand-held mobile phones in a car is forbidden, but we advise them to go one step further and place a blanket ban on employees using their phones while driving.

Charges of driving without due care and attention or even causing death by dangerous driving (as with Mr Richmond) can be laid against employees who make or receive calls while behind the wheel, even if they use hands-free kits. In fact, drivers are four times more likely to have an accident while using any mobile equipment.

We have worked with a number of clients on creating driver safety policies that cover all eventualities, including the use of mobile phones. If you would like to know more, please contact your LeasePlan Account Team.