Agencies that recruit drivers could be at risk under new legislation banning the use of mobile phones while driving.

The new regulations, which come into force on 1 December, will make it a criminal offence to use a handheld mobile phone at the wheel. Drivers will face a spot fine of £30, plus a fine of up to £1,500 if the case goes to court. Drivers of goods or passenger-carrying vehicles could face fines of up to £2,500.

The law states that “anyone that causes or permits any other person” to use their phone while driving will also be in breach of the regulations. According to Russell Brown, an employment lawyer at law firm Glaisyers, the fact the law does not distinguish between employers and agencies means that any driver agency could risk being prosecuted.

“Providing your employees with mobile phones will not be an offence, but forcing them to make or receive calls while driving will,” said Brown.