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In addition, under the Road Vehicles (Construction and Use Regulations) 1986, it is an offence for anyone “to cause or permit” someone to drive a motor vehicle if they do not have proper control. Now employers who “cause or permit” the use of hand-held mobile phones while driving will also be liable for prosecution and a fine for which there is no maximum limit. The offence will apply to all mechanically-propelled vehicles, including motorbikes. Under the legislation, a person may be regarded as “driving” a vehicle while the engine is running and the vehicle is stationary. Drivers have specifically been advised that hand-held mobiles should not be used while a vehicle is stationary at traffic lights or during short hold-ups that may occur during a typical journey. Hand-held phones – a definition: The offence will apply to drivers speaking or listening to a phone call, using a device interactively for accessing any sort of data, which would include the internet, sending or receiving text messages or other images or if it is held in the driver’s hand during at least part of the period of its operation. The Government says: “We do not wish to prohibit the carrying of hand-held phones in vehicles or require them to be switched off. A phone may therefore continue to be used to receive data when it is in a vehicle providing the driver is not holding it. Within the context of holding a phone, pushing buttons on a phone while it is in a cradle or if it is being operated via buttons on the steering wheel or handlebars of a motorbike would not, in our view, breach the new regulation.” Hands-free phones – a definition: While, the Department for Transport believes that drivers should not use hands-free phones, their use is exempt from the legislation due to enforcement difficulties. Similar devices – a definition: There are many types of hand-held electronic devices that can be used in a similar way to a phone to text, receive and record messages, access the internet or data held within the device, or have dual or multi-functions. To avoid creating any kind of loophole, the holding of any electronic device used for accessing oral, textual or pictorial communication is banned under the legislation. However, so-called “press to talk” devices, such as two-way radios used by taxi drivers, hauliers and some of the emergency services are not included in the legislation. The Department for Transport says conversations using such systems are typically short and, therefore, are likely to have a lower risk. In addition, the vast majority of drivers are unlikely to use them as a substitute for mobilephones. Exemptions: The only permitted use of a hand-held mobile phone is for a “genuine emergency call to 999, if it would be unsafe for a driver to stop”. Case study
It is believed there have been at least 20 deaths on Britain’s roads where mobile phones have been implicated, but there could have been many more. Indeed, it is likely that thousands of accidents have taken place because of mobiles, but they do not appear in official statistics. Jeremy Hay, chief executive of independent total vehicle risk management solutions company Risk Answers, a member of the Fleetsafe Group, says: “In our experience of risk assessing more than 300 companies, very few have looked at the issue of mobile communication and practices have evolved without management involvement or company policy.” Risk Answers says an analysis of mobile phone use undertaken while carrying out a risk assessment on behalf of one client revealed that, for a group of 120 sales people, the main reasons they were using their mobile phones were: • They were lonely and liked personal contact and chatting to people • To talk to fellow sales staff about how business was progressing • Business calls to customers • Calls to managers or other staff to gain product knowledge • To arrange social events • Personal calls to home Mobile phone use by company car drivers is, says Risk Answers, frequently the result of poor in-office call-handling procedures and inefficient sales territory planning. “By proving these factors as part of a major safety audit and demonstrating why a comprehensive mobile phone policy should be adopted by every company we have helped clients slash their mobile phone bills by thousands of pounds. In addition, those companies are now promoting best practice,” says Mr Hay. He adds: “Companies can introduce a variety of very simple solutions, such as journey planning and investigating why staff use the phone, to ensure they comply with the law, while simultaneously ensuring business efficiency is not affected. “The mobile phone needs to be used as a business tool and not the social tool it has rapidly become in the UK.” For employees of utility companies such as water authorities, gas and electricity organisations that typically telephone customers in advance to notify them of a time of arrival, new procedures must be introduced, says Risk Answers. That could see the driver paging head office, informing them that they are leaving the previous job and the office calling the next customer. |
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