Employers beware: From next Monday if your staff makes a mobile phone call on the move, it could cost you up to £1,000. JEREMY SCOTT, head of Langleys criminal department in York looks at the pitfalls of the new yakking-while-driving legislation.

USE a hand-held device for a phone call or access your text messages while driving from December 1 and you will be committing a criminal offence.

The penalties range from an initial £30 fixed fee, which can be increased to a maximum fine of £1,000 (£2,500 for drivers of HGVs and PSVs) if the matter goes to court.

Offenders could also have three points endorsed on their licence.

The legislation makes it an offence not only to use a hand-held mobile phone while driving but also any hand-held mobile device, including palmtop-style electronic diaries..

Surprisingly, it will be an offence to use a mobile phone even when your car is stationary, provided that the engine is running. So drivers can be prosecuted even if they are in a traffic jam, a short hold- up, or at the traffic lights.

And yes, bosses need to be extra careful as they could be prosecuted under the new legislation.

My advice to local business employers is from now on to rule out expecting to speak to their staff on a mobile phone when they are driving.

Businesses should ensure that mobile phones have a message facility, require staff to switch off the phone while driving, and only pick up messages when they have stopped in a safe place.

It's vital that employers incorporate a formal policy and issue guidelines about how, when and where it is appropriate and safe to use mobile phones.

And because employers have a legal duty, under Health and Safety law, to ensure the safety of their employees and of anyone else who may be affected by their activities, employers should take care to carry out a thorough risk assessment.

Even using a hands-free phone can be unsafe as conversations can distract a driver's attention from the road.

The best advice is to keep conversations brief, limit outgoing calls to emergency use, and only take incoming calls when it is safe to do so.

The Royal Society of Prevention of Accidents (RoSPA) conducted an international review of research which concluded that when a driver uses a hand-held or hands-free phone they, to all intents and purposes, become blind to the traffic around them.

There are harsher penalties for drivers who use a mobile device, whether hands-free or hand-held, without having proper control of their vehicle at all times.

Driving without proper control could lead to a prosecution for careless or dangerous driving. Penalties include an unlimited fine and up to two years' imprisonment. Again employers can be prosecuted for "causing or permitting" such offences.

So remember, the golden rules are:

Never use a hand-held phone while driving

It is safer not to use a hands-free phone while driving

Use a voicemail or message service and take regular breaks.

Updated: 09:33 Tuesday, November 25, 2003