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Safe Driving for Work - Company Drivers and Mobile Phones

A substantial body of research shows that using a hand-held or hands-free mobile phone while driving is a significant distraction, and substantially increases the risk of the driver crashing.

Drivers who use a mobile phone, whether hand-held or hands-free:

• are much less aware of what’s happening on the road around them
• fail to see road signs
• fail to maintain proper lane position and steady speed
• are more likely to 'tailgate' the vehicle in front
• react more slowly and take longer to brake
• are more likely to enter unsafe gaps in traffic
• feel more stressed and frustrated
• They are also four times more likely to crash, injuring or killing themselves and/or other people.

Using a hands-free phone while driving does not significantly reduce the risks because the problems are caused mainly by the mental distraction and divided attention of taking part in a phone conversation at the same time as driving.

The Law

On 1 December 2003, a law came into force to prohibit drivers using a hand-held mobile phone, or similar device, while driving. It also made it an offence to "cause or permit" a driver to use a hand-held mobile phone while driving, or to use a hand-held mobile phone while supervising a driver who only has a provisional licence.

The penalties were initially a fixed penalty of £30 or a fine of up to £1,000 if the offender goes to court (£2,500 for drivers of goods vehicles or passenger carrying vehicles with 9 or more passenger seats).

From 27th February 2007, the penalty for using a hand-held mobile phone whilst driving increased to £60 and three penalty points added to the drivers' licence. Courts now have the powers to give a maximum fine of £1,000 or £2,500 in the case of a driver of a bus, coach or goods vehicle. Offenders could even be disqualified from driving.

The Definition of a Hand-Held Mobile Phone

The Regulation includes any "device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data".

It states that a "mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function". "interactive communication function" includes:

(i) sending or receiving oral or written messages;
(ii) sending or receiving facsimile documents;
(iii) sending or receiving still or moving images; and
(iv) providing access to the internet

There are two exemptions:

• 2- way "press to talk" radios, such as used by the emergency services and taxi drivers
• Using a hand-held phone for a genuine emergency call to 999 or 112 if it would be unsafe for the driver to stop.

The Definition of Driving

"The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003" defines a person as "driving" even if the vehicle is stationary but the engine is running. The offence applies to all motor vehicles, including motorcycles, but will not apply to pedal cycles.

Hands-Free Mobile Phones

Unfortunately, this law does not ban the use of hands-free mobile phones. Although the government accepts the evidence that using a hands-free phone while driving distracts the driver and increases the risk of an accident, they do not think a hands-free ban would be enforceable Drivers should also note that the existing law requiring drivers to be in proper control of their vehicle, or careless or dangerous driving laws can be applied to driving while using a hands-free phone, if the police believe the nature of the driving warrants it.

The AA said the new measures introduced on 27th February 2007 ‘paled into significance’ compared with the threat of jail for causing a fatal crash while using a mobile.

I confirm I have read the factsheet ‘Advice for Company Car Drivers - Mobile Phones’.

Signed: _______________________________ Date: _____________

Name of Driver: ________________________ Vehicle Reg: _____________

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