Mobile Phones and Driving - Update

As of the end of February 2007, harsher penalties apply for anyone who is caught using a mobile phone whilst driving. If you consider yourself to be excluded from this risk because you always use a hands-free kit, then please don’t stop reading. The law may affect you in ways you don’t realise.

Tougher Penalties

The most immediate and obvious change since the original ban was introduced back in 2003 is the increased levels of penalty. The government has decided that the previous penalty of a £30 fixed fine does not represent a sufficient deterrent for a practice that substantially increases the risk of a traffic accident.

If you are caught, the fixed fine has been doubled to £60, but now there is an additional penalty of 3 points on your licence, which may prove to be a much greater deterrent for those who rely on driving as part of their work.

Of course you can always contest it, but if the case goes to court you risk a penalty of up to £1,000 or even £2,500 if you were driving a van, lorry or bus.

There are exceptions to the ban but only if you need to make an emergency call (999 or 112) and it is unsafe or impractical to stop your vehicle at the time. These are not the kind of exceptions to rely on as a defence if you are caught using your phone illegally.

A Risky Practice

When we last wrote on this topic (August 2003) the ban was about to be introduced and there was some debate about its significance for road safety. Since then the evidence has been piling up that using a mobile phone whilst driving, significantly increases the level of risk. Research indicates that a mobile phone user is four times more likely to have an accident. The reasons behind this statistic are cited as:

It is impossible to concentrate properly on more than one activity at a time.
The distraction means you are less aware of what is going on around you, so obviously less well prepared to respond in an emergency
You are more likely to drive too close to the vehicle in front. Your reactions are likely to be slower resulting in longer braking times and often poorer lane discipline.
You are less likely to notice road signs and warnings of potential danger.
The combination of factors invariably results in feeling more stressed, which can also result in frustration and intolerance.

The insurance company “Direct Line” conducted some tests on reaction times. According to their findings, reaction times were 50% worse than normal for someone using a handheld phone. Perhaps even more alarming was the finding that they are 30% worse than someone who is drunk.

Who is at Risk?

Statistics tell us that every week, there are about 20 deaths and 250 serious injuries that involve someone who is driving or otherwise using the roads for work purposes. In effect that makes driving about the most risky activity associated with work.

Statistics also indicate that it is company drivers who are most likely to be using a mobile phone while they are driving.

What about Hands Free Kit?

Use of hand-held phones or similar devices to make or receive a call or a text message is expressly forbidden by law.

Hands free kit is not legally banned, but the equipment in use has no effect on the level of distraction caused by a phone call. Consequently, a driver can still be prosecuted for “failing to have proper control of their vehicle”, in which case the penalties are the same as for using a handheld device.

In fact, use of any kind of mobile phone equipment could lead to prosecution for careless or, in more serious cases, dangerous driving. That could mean a heavy fine, disqualification and even 2 years imprisonment.

Using hands-free kit means that you are less likely to be spotted using your phone, but if you are involved in any kind of incident, the police are able to call up your phone records to establish whether or not you were on a call at the time.

What if you Never use a Mobile Phone whilst Driving?

The law states that you must not “cause or permit” another person to use a mobile phone whilst driving. That means you could be implicated in any number of ways, for example, you may be held personally liable:

If as a manager you require anyone to make or receive calls whilst driving.
If you have working practices or if you put pressure on your staff that encourages them to use mobile phones in an illegal manner.
If you are aware of staff who use mobile phones whilst driving and permit the practice to continue.
If you personally call someone or receive a call from someone who you know or suspect to be driving.

The simple rule is that we should avoid making phone calls whilst driving and actively discourage anyone else from doing so. Under health and safety legislation, the penalties for not doing so could be significant for you as an individual and for the company.

Although the strength of the revised legislation is still to be demonstrated in the courts, the implication seems to indicate that a director or manager who chooses to disregard their duties under this legislation could be faced with civil claims or even a criminal prosecution for negligence.

What to Do

All this is very negative, so what positive instruction should we give to our drivers? If you have management responsibility for others:

Ensure you have a policy in place that clearly states that employees must not initiate or receive calls whilst driving and that to do so is a disciplinary offence. Ensure members of staff are aware of the policy and its implications for them.
Provide training and instruction on the dangers of using mobile phones and the company’s response to anyone who does
Check your working practices to ensure they don’t encourage drivers to use mobile phones
Ensure staff who are not driving are instructed not to initiate or receive calls from someone who is driving. If unsure, it is wise to ask immediately if the person at the other end is driving and, if so, terminate the call as quickly as possible.
As a manager, ensure you lead by example.

For everyone:

Ensure your phone is switched off or go to voicemail before driving. Bare in mind that driving includes queuing in traffic, stopped at traffic lights, etc
If you anticipate the need to make or receive calls during your journey, plan for safe places to stop (not a motorway hard shoulder) so that you can check for messages and respond accordingly without breaking the law.
If you have a passenger, allow them to make any essential calls leaving you free to concentrate on driving.

We can help you to achieve this in an efficient and cost effective manner. Give us a call on the number below.

The government considers this to be a serious matter, as do all those who have lost loved ones or who have been injured as a result of someone using their phone. The title of the government’s leaflet says it all, it’s not worth “Dying To Take The Call”.

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.

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