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Employers may be liable if staff use hand-held phones while driving

A no-no: Employers could be liable if they require staff to use cell phones while driving.

Employers could be held liable if their staff are caught using a hand-held cell phone for company business while driving, Government warned yesterday.It comes as police begin enforcing penalties of up to $1,000 for motorists caught driving while distracted by using electronic equipment such as cell phones.The Transport Ministry stated: “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.”Bermuda Employers' Council responded by saying operators of company vehicles are accountable for their own actions, such as speeding, according to traffic laws.BEC president Keith Jensen said in a statement: “I am not aware of any members of the Bermuda Employers' Council requiring staff to use hand-held cell phones while driving unless they also provide a hands-free way of doing so.”Mr Jensen urged businesses to prohibit cell phone use as part of company vehicle policies underlining the importance of obeying traffic laws and driving etiquette.He added: “Operators of company vehicles are accountable under the traffic laws for their actions, such as speeding and seat belt offences.“The BEC believes any distraction to drivers can become a problem on Bermuda's crowded roads and cell phone use is one of the top problems.”Government's statement added that employers would not be breaking the law simply by supplying a cell phone to the employee or by calling an employee who was driving.The warning to employers came as part of a detailed explanation of the Traffic Offences (Penalties) Amendment Act, which the Ministry said was necessary “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”.The statement reiterated the need for drivers to find a safe place to pull over on the side of the road before taking a call on their cell phone.It is now an offence, the statement pointed out, 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 illegal for the vehicle to have a television or a display screen that is visible to the driver, although a display screen used for back-up cameras is acceptable.Hands-free kits are permitted as long as the motorist does not hold them continuously in their hands.On a bike, a hands-free kit is acceptable if the phone is linked to technology such as Bluetooth in the helmet. But anyone riding a vehicle with a phone placed inside the helmet, or listening to music through earphones, is committing an offence.Motorists are committing an offence if they use hand-held cell phones while waiting at a stop sign or a stop light. And passengers who hold hand-held cell phones up to the driver's ear are also committing an offence.