Driving and Mobile Phones

Use of mobile phones whilst driving is one of those peculiar activities of which most people seem to disapprove because it is perceived as being dangerous, and yet many of those same people actually use them while driving.

Research in the UK and in other countries indicates that the chances of being involved in an accident increase as much as fourfold when drivers are using a mobile phone. There is debate about the difference made by using hands-free kit, but research undertaken in Canada demonstrated that there is a substantial increase in the number of accidents when mobile phones are in use even with hands-free kit.

Until now, there has been no specific law banning the use of phones while driving. There have been prosecutions, and quite a number of them, but they have been on the ground that the driver was failing to maintain proper control of the vehicle. Many other countries have taken a much more rigorous approach and have specifically banned mobile phone use whilst driving. Now the UK government is set to follow suit.

A consultation document with proposals for a new law was circulated last year and the government is now formulating a new regulation, that takes into account the views from the consultation. If everything goes according to plan we can expect use of mobile phones while driving to become a criminal offence by the start of December 2003. The proposal is to impose fines of £30, which could be increased to £1,000 if the case goes to court. This maximum figure rises to £2,500 for drivers of goods vehicles. In addition, there is every likelihood that the offence would attract penalty points on the driver's licence.

So What is likely to be contained in the new legislation?

For a start, it is necessary to appreciate what is meant by the term 'driving'. Although at first sight this may seem obvious, queries arise when, for example, a car is stopped at traffic lights. The current legal definition of driving states that "a person may be regarded as driving a vehicle while the engine is running and the vehicle is stationary". The government has no intention of changing this definition with its broad application. There are exemptions but they are few and far between. So, for example, an exemption might apply if a phone was used to make an emergency 999 call in a situation where it would be dangerous for the driver to stop.

One issue raised during the consultation period was the need to define what is meant by the term "phone" and what kind of uses are to be prohibited. The difficulty arises because there are various multi-purpose devices around today that can be used for making and receiving calls in addition to the humble telephone. Also, phones can be used for accessing the internet, sending and receiving e-mails, short message services, transmitting images, etc. in addition to holding a conversation. A related issue raised by the consultation exercise was to define what is meant by "hands-free kit" since there is a myriad of different methods and equipment available that fits this general description.

Due to the difficulty of arriving at viable definitions, the intention is to focus on types of activity that are to be banned rather than the equipment being used. Consequently, drivers may be charged with an offence if they are making or receiving a phone call, accessing data interactively via the internet, e-mail, SMS, etc. with equipment that is held in the driver's hand for at least part of the activity.

The proposed new law not only applies to the drivers of vehicles. The intention is that it will also be an offence to cause or permit a driver to use such equipment. Clearly this has implications for employers if they require or expect their employees to make or receive calls whilst driving.

What needs to be done to prepare?

The first, relatively inexpensive precaution is for employers to put in place a policy and procedure that employees should not use such equipment whilst driving. The policy should state clearly what an employee is expected to do should they need to initiate a call or if someone else attempts to call them.

Another precaution might be to provide or install some form of hands-free kit in employee's vehicles. One caution here is that with the many devices available on the market, it is not really clear which will be considered appropriate. Consequently it may be prudent to make some careful enquiries or wait until requirements become clearer before making any significant investment in new equipment.

For all of us who currently use our phones whilst driving, the most obvious precaution is to start changing our habits now and find alternative means for keeping in touch that don't involve breaking the law.

Contact EDP HS&E Consultants for all your health, safety and environment needs. We can check your current arrangements and advise you about any changes or improvements you need to make.

To discuss your requirements, without any obligation on your part, please gives us a call on 01744 766000 or complete the Enquiry Form on our website.

In addition to our regular newsletters, you can also keep up with the latest information from EDP by visiting our blog at http://edp-uk.blogspot.com/