A DRIVER who caused the death of an Atherton motorcyclist in a road accident while talking on a mobile phone has become the first to be jailed for such an offence since new legislation was introduced.

Sentencing Kevin Moran for five years a judge slammed motorists who use hand-held phones while driving and warned that more custodial sentences would follow.

Liverpool Crown Court heard that 46-year-old Moran was chatting on his hand-held phone to his wife when he turned right into the path of motorcyclist Gary Smith.

Mr Smith, aged 40, who worked in Manchester for a food producers, died in hospital three hours later.

The accident happened at the traffic light controlled A580/A49/M6 junction at Haydock.

The court heard that Moran, a father-of-six, had been distracted by three calls on his phone and failed to see 15 "no right turn" warning signs.

Avoidably distracted

Jailing Moran, Judge Henry Globe, QC, the Recorder of Liverpool, told him: "A motorist has lost his life because your attention was avoidably distracted by the use of a mobile phone.

"Motor vehicles can be lethal if not driven properly and this being so drivers must know if as a result of their driving dangerously a person is killed, normally only a custodial sentence will be imposed."

He added: "The use of mobile phones by drivers while moving is a much too common feature of driving today and is a self-evident risk."

Moran of Sandy Lane, Rochdale, denied causing the death of divorced father-of-two

Mr Smith, aged 40, by dangerous driving but was found guilty by a jury. He was also banned from driving for five years.

The court heard that during the 10-to-15-minute journey, Moran spent a total of six minutes and 37 seconds on three calls, the first received from a work colleague and two made to his wife, to whom he was still talking when the crash took place.

His employers, alarm installers, had issued guidelines banning him using the mobile phone they had given him while driving. The accident took place just over a year ago and Moran was convicted last month before the new legislation came in.

Trevor Parry-Jones, prosecuting, said the accident happened shortly after 7pm on Friday, November 15, last year as Moran was driving his firm's Astra van.

Moran had intended to go to Manchester along the M6 and signs made it clear he had to turn left on to a slip road to do so. Fifteen signs on the roadway and on posts spanning 620 metres made it apparent that there was no right turn and it was straight ahead for the A580.

Moran, who has two previous convictions for speeding, admitted speaking to his colleague and his wife but maintained he had finished speaking and the phone was on the passenger seat when he made the turn.