Employers could be held liable if they require staff to use cell phones, Transport Minister Derrick Burgess said this morning.Mr Burgess issued a statement clarifying the Motor Car (Construction, Equipment and Use) Regulations 1952 and the Auxiliary Bicycles (Construction, Equipment and Use) Regulations 1955, and the distracted driving penalties under the Traffic Offences (Penalties) Act 1976.The legislation now makes it an offence for the driver of any vehicle to use a hand-held cell phone, a hand-held entertainment device or any other hand-held device while driving the vehicle. It is also an offence for the vehicle to have a television or a display screen that is visible to the driver. A display screen used for backup cameras is acceptable.If a hand-held cell phone or device can be operated without holding it, through a hands-free kit (headset or Bluetooth), a car stereo system or other hands-free device, then the hands-free equipment is not prohibited in the Regulations.Communication on a hands-free device occurs without a person holding it continuously in his/her hand for operation as opposed to a hand-held, which requires the hand for continuous use.Under the Auxiliary Bicycles (Construction, Equipment and Use) Regulations 1955, a hands-free kit is acceptable if the phone is linked to the rider’s helmet via Bluetooth or other technology in the helmet. Anyone riding a vehicle with a phone placed inside of the helmet is committing an offence.It is also an offence for auxiliary cycle and motor cycle riders to listen to music or talk on the cell phone through earphones when driving their vehicle.Mr Burgess said that if drivers must take a call on their cell phone they should find a safe place to pull over on the side of the road before doing so.“A person stopped at a stop sign or a stop light, holding and talking on a hand-held cell phone commits an offence under the Regulations, whereas a person pulled over to the side of the road holding and talking on a hand-held mobile telephone does not commit an offence,” he said.Passengers who readily and visibly assist drivers in the use of a hand-held device i.e. by holding the cell phone to the driver’s ear are committing an offence.He added: “Employers could be held liable if they require their employees to use hand-held cell phones while driving as a normal course of business and also if they fail to take steps to forbid employees to use such phones for company business.“Employers would not be in contravention of the Regulations by supplying a cell phone to the employee or by calling an employee who was driving.“This detailed explanation of the legislation was released to ensure that every driver of a vehicle in Bermuda is in no doubt as to what is an offence and what is not when it comes to using communication or other devices on public roads in Bermuda.”