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#1 Posted : 30 December 2003 11:26:00(UTC)
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Posted By Geoff Burt I've no direct knowledge of this but I'm advised there is a hands free headset on the market for drivers. I'm being pushed by a client to accept this as an alternative to a hands free kit. My initial response is distraction, restricted driver head movement, hearing impediment. Any suggestions?
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#2 Posted : 30 December 2003 12:38:00(UTC)
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Posted By John Webster Geoff You were a contributor to a previous thread, "Using Hands Free Mobile Phones When Driving", posted by Steve Mercer, in which a number of clear arguments were made against companies/organisations providing or advocating the use of hands free kits for their staff
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#3 Posted : 30 December 2003 12:40:00(UTC)
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Posted By Bryn Maidment Geoff My understanding is that as long as the driver doesn't have to touch the actual phone / device then a 'Bluetooth' wireless headset is OK. Bluetooth phones tend to have a higher spec than others and generally they are voice dialling, auto activation etc. They don't interfere with movement of the head. They ain't cheap though.
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#4 Posted : 31 December 2003 10:49:00(UTC)
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Posted By Geoff Burt Yes John, I was a contributor - but that doesn't answer my question! Thanks Bryn - have you seen or used one?
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#5 Posted : 31 December 2003 11:05:00(UTC)
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Posted By Robert M Edwards There are two aspects to the legislation, one is the issue of handheld so a head unit providing the phone does not need to be held would not be covered by the legislation. The other aspect is use of anything distracting in the car which is covered by Regulation 104 of the Road Vehicles (Construction and Use) Regulations 1986 which deals with proper control of the vehicle. This law would be invoked if an accident occured during the taking of a call. It seems given the current focus on use of phones in the car that it is a high risk to any company to allow use of car phones whilst the car is in operation. We have advised all our clients on a policy to ban the use of phones during driving.
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#6 Posted : 31 December 2003 11:50:00(UTC)
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Posted By Geoff Burt And I accept those point completely. However, all we can do is advise. If the client wants (needs!) in-car comms then we have to look at ways of helping them communicate safely and legally. Hence the question about headsets.
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#7 Posted : 31 December 2003 16:26:00(UTC)
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Posted By John H Robert M Edwards is quite right in his assessment that "anything distracting in the car which is covered by Regulation 104 of the Road Vehicles (Construction and Use) Regulations 1986 is an offence". The recent legislation was introduced to clarify that using a hand-held mobile phone whilst driving will be considered a criminal offence, thus removing any 'grey area' which might be debated in court. Alas, as is sometimes the case, I feel this legislation was introduced as something of a knee jerk reaction to quell public outcry after several high profile cases of deaths due to drivers having accidents killing others whilst using a mobile phone. I have yet to see any statistics which prove that a mobile phone actually killed anyone - it is the distraction of the driver (whilst using a phone) that causes accidents. To clarify the point that I considered the legislation a knee-jerk reaction, consider if you will the fact that you can still send a text message whilst driving if the phone is in a cradle and not actually 'held' - a much more distracting scenario than that of actually speaking as it requires the driver to focus his/her vision on the phone completely rather than the road. Drivers having conversations with their passengers obviously do not cause accendents then? Its only when they have conversations with their phone? Perhaps they should bring out specific legislation (to remove other grey areas) of woman brushing their hair and applying make-up with the aid of the interior mirror? Personally I use a bluetooth device with voice dialling which I find very convenient and does not impair my hearing of the surrouding area. Indeed, the audio quality is far superior to any in car kit and I find I am no longer 'distracted' by having to strain my ears to decipher what is being heard. Further, I can move my head into any postion I want without going out of range of a 'fixed' microphone and without compromising what I can and cannot look at whilst driving - the experience is therefore (for me) much more like talking to a passenger than 'at a phone'. Our Company operates a strict 'Do not use a mobile phone whilst in a company car' policy and as such, has no need to fit any hands free kits because the use of the phone in the car whilst driving or stationary is banned.
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#8 Posted : 01 January 2004 14:04:00(UTC)
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Posted By Richard Mathews The use of headsets is legal under the new Regs as long as the phone does not have to be held. Research has also shown that hands-free is "safer" than hand-held, but "safer" does not mean the same as safe and because something is legal under these regs it does mean that people will avoid prosecution as a couple of people, who are now serving long prison sentences, have found. A question that I have asked of employers who adopt the stance that using a mobile whilst driving is requirement of the job is: "If someone personally decides that they do not want to risk causing an accident and risk prosecution and prison, what will the company do? The options as I see it are 1, redeploy them to suitable alternative employment. 2, keep them on the same duties and find a way round the communication issue (and there are many). 3, sack them! If option 1 is used everyone may end up happy. If option 2 then the company is demostrating that there was never a real need in the first place. If option 3 then the tribunal will be very interesting and, I suspect, very sticky for the employer. I believe that employers who require their employees to use even hands-free mobiles are opening up a can of worms of problems for themselves. That is the advice that I consider all H&S profesionals should be giving. Happy New Year Richard
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#9 Posted : 02 January 2004 09:12:00(UTC)
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Posted By Chris Abbott Geoff, This is a good one for use - http://www.nokia.co.uk/nokia/0,,18218,00.html This is the new Boom headset - due April http://www.nokia.co.uk/nokia/0,,48762,00.html Regards Chris
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#10 Posted : 02 January 2004 11:45:00(UTC)
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Posted By Eric Burt Geoff I have been using the Transport Research Laboratory as a good source of research material. Their document "The Use of Mobile Phones while driving : a review" (TRL Report TRL318) is very good. However it is a 1997 document, hence it does not refer to the Bluetooth type of situation you are referring to. Perhaps a call to TRL may give you some more up-to-date information so you will be able to advise your client based on the latest research. When I had a discussion with them about 6 months ago they were in the process of looking at some more research, especially in relation to comparing the distraction of talking to passengers, eating an apple, smoking etc to the use of mobile phones. I have also found Kevin Clinton from RoSPA very helpful and knowledgeable. This whole topic is a real nightmare for safety professionals, as there are so many personal opinions, anecdotes and vested interests to contend with. Whilst I am a firm supporter of the "Total ban" philosophy, I am worried that we may get the whole thing out of proportion, and forget about other issues such as falling asleep at the wheel. When will we see legislation restricting the number of hours that car drivers can drive, in the same way as HGV drivers have? (Remember the M40 minibus tragedy). In terms of responding to your client - it depends on what they want. If they need to comply with the law, then Bluetooth while driving is fine. If they want to reduce the risk of their employees having an accident, then Bluetooth while stopped (in a lay-by etc)is the way to go. This would then cover your back as far as Section 36 HASAWA is concerned. Good luck ! Have a Happy New Year Eric (P.S. Did I tell you about the fantastic Christmas lights we have here in Chester....)!
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#11 Posted : 02 January 2004 12:26:00(UTC)
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Posted By Geoff Burt Eric - Chester! remind me, where is that again? I had a look at the Nokia website - seems a good way to go to me for those who 'have' to communicate whilst travelling - and it's legal. Amazing really that we can get so concerned about this topic, to the extent that safety professionals are enthusiastically putting forward total bans which is way beyond the legislative requirements. I can think of many more topics better deserving of this enthusiasm, and which might even help our credibility.
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#12 Posted : 02 January 2004 12:31:00(UTC)
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Posted By Bryn Maidment Geoff My bother uses a £120 nokia blutooth headset. I have been in his car when he's using it and I have to say that he has many pauses in any short conversations. He makes a point of not speaking when at lights, junctions, pulling out etc. which I'm sure is a subconcious switching off at busy times - his brain literally can't cope with concentrating and speaking at the same time!! His wife on the other hand can speak, apply lipstick, use hairspray, change from Magic FM to Cheese FM, select another gear and finish her Ryvita, without a blink. I fitted an Autocom system to my motorcycle a couple of years ago - a CD player and voice dial, auto answer mobile phone thingy. After about a dozen calls I ripped the damn thing out. As a motorcyclist you make many more mental observations and computations than a car driver. Trying to maintain a life saving level of mental alertness was difficult when the phone went. It simply wasn't worth it. Oh! and when I played rock music my speed rose and I became more aggressive.
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#13 Posted : 04 January 2004 23:43:00(UTC)
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Posted By David J Bristow Geoff I have advised our trustees that they should not condone the use of hands free mobile phone sets whilst our employees are driving on company business. Phones should be switched off at all times whilst driving (for work and pleasure). In light of the chap who has just been sentenced to 4 years imprisonment for killing another car driver whilst he was using a hands free mobile phone kit - ------------SWITCH OFF AT ALL TIMES WHILST DRIVING----------------------- I believe this is the advice we should give to our masters - what do you think? Regards David B
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#14 Posted : 05 January 2004 09:34:00(UTC)
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Posted By Chris Abbott Well.... I'd only agree with that, provided that Emergency Services and other 2-way radio users get the same advice... Kinda puts a different spin on it really... :/
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#15 Posted : 05 January 2004 09:46:00(UTC)
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Posted By Geoff Burt But surely David, on that logic we would need to ban every activity that has resulted in a fatality?
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#16 Posted : 05 January 2004 19:30:00(UTC)
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Posted By Kelvin George Hi Geoff Personally I am totally against the use of mobile phones by the driver of the vehicle whilst it is in motion no matter what device they use. I would also like to refer you to what I consider is an excellent comment in the SHP Dec 2003 page 6 made by Kevin Clinton (RoSPA's head of road safety). I quote " There is little point in having both hands connected to the steering wheel, if the brain is not connected to the hands" This is I believe the crux of the matter, when people talk on the phone then that is what they concentrate on. Most people, if any are not perfect drivers, and so we should all be concentrating on propelling our 1 - 2 tonne vehicles down the road and not talking on the phone, doing our makeup, having a shave, changing the CD. At some point the use of phones in cars, whilst in motion, must be banned because people are generally poor at driving - people drive too fast, too close, under the influence of alcohol especially at 07:30 after a good nights cession - and so any interuption in their concentration will make the risk of an accident unacceptable. Cheers Kelvin
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#17 Posted : 05 January 2004 21:20:00(UTC)
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Posted By John H "There is little point in having both hands connected to the steering wheel, if the brain is not connected to the hands" - a great analogy! Can I ask therefore, what is the difference between having a conversation with a passenger in a vehicle or having a conversation with a third party via a bluetooth, voice dialling mobile phone? Are we now saying we shouldn't carry passengers in case we get distracted and have an accident? Please, let common sense prevail. Don't make calls and only answer them with a view to keeping them as brief as possible using bluetooth headsets. I have tried a number of these now and found that the smaller £49 ones, like the Jabba (Carphone Warehouse) peform better for me as I 'forget' it is there and am not remnded of its presence with bits of boom sticking in my face. After following this thread with interest, we have taken a novel approach of putting all company mobiles to a pre-recorded message when switch off for driving purposes "We value the safety of our staff, who may be driving at the moment, so they will call you back as soon as it is safe to do so. Please leave your message after the bleep".
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#18 Posted : 06 January 2004 10:10:00(UTC)
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Posted By Cathy Ricketts I totally support this legislation and wish it was tougher I drive extensively and have seen many near misses where a total idiots have been driving whilst their brain was attached to their phone. We have gone down the route of a ban on mobile phone use (private or business) whilst driving at work for the following reasons:- We fully believe in the ROSPA stance of "There is little point in having both hands connected to the steering wheel, if the brain is not connected to the hands". Driving is high risk enough without adding an additional hazard to the risk assessment. Conversations in the car are totally under the control of the driver and the passenger, the passenger can see when the roads are busy - how many times have you told your children to be quiet when you are driving!! If you need to eat or smoke you probably need a break as well so take one The recommended period of driving without a break is approx two hours. We advise our employees to record a message saying I may be driving and will respond to your call within 2 hours. Then divert all calls to voice message or turn the phone off. That call isnt worth yours or someone else's life it will cost us a lot more to replace and retrain the lost employee. We recently lost an employee whilst commuting to work which has made everyones awareness of road traffic safety much higher (not mobile related as far as we know)but be warned the police can now check this if they wish. Would you or your employees want the added worry of knowing you were on a mobile phone call whilst being involved in an accident - keep both hands on the wheel and your brain connected to the task in hand.
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