Fleet managers will be warned of a recent ruling which could increase the number of prosecutions for drivers caught using a hand-held mobile phone while driving at a major industry conference.

Delegates attending the Fleet Van Conference on December 2 will be briefed on a recent case in which a district judge ruled that the act of switching off an alarm on the phone was constituted as 'using the phone'.

Although the driver wasn’t using the phone to make a call, a police officer saw the driver's hand and his thumb was moving across the keys.

The judge ruled that it didn't matter what the driver was doing, because any use of the phone (such as switching off an alarm) amounted to 'using a hand-held phone'.

Philip Somarakis, a partner in the Motoring Offences team at solicitors Blake Lapthorn, said: “This decision is not binding on other courts but certainly gives food for thought.

“If the judge is correct then this means that drivers who own multi-purpose mobile devices that offer a range of functions are prevented from undertaking any hand-held function whilst driving.

“That could include holding the device and switching it on with a view to making a hands-free call via bluetooth, or holding the device before placing it into a USB port to listen to music.

“These activities would, it seems, be classed as 'using the phone' and therefore have to be carried out whilst the vehicle is parked.

“We encourage all employers to review their driving policies and consider the health and safety of all road users.”

Mr Somarakis will be providing a legal review for fleet operators at one of 13 speakers at the Fleet Van Conference on December 2 at the National Motorcycle Museum, Birmingham.

For tickets and information, call Lorraine Densham on 01733 468859 or email lorraine.densham@bauermedia.co.u.

Alternatively visit the events website at www.fleetvanevent.com