Posted By Jonathan Breeze Chris, I think it is the: Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003. However if anyone knows better feel free to correct me.

Posted By Heather Aston Nice to know even the police don't understand the legislation.... You are allowed to dial by pushing buttons if the phone is in a cradle. See http://www.dft.gov.uk/st...dft_rdsafety_025216.hcsp Q2. Having said that I'm not saying it's sensible to do so - we certainly advise our company drivers not to. Heather

Posted By Alan Haynes I think you are right about the 'failure to control' thing. I just looked at Vodaphones website and they give the following advice;- "Under the new legislation it will not be a specific offence to use a hands-free car kit that allows the driver to make calls without holding the phone. However, even if you use a car kit you may still be prosecuted for offences existing under current laws (such as dangerous driving) if you fail to keep proper control of your vehicle." 'Apple', I think!

Posted By Jay Joshi Even with the best hands free sets, once there is a conversation using the mobile phone, concentration on driving will decrease. Many organisations have "banned" the "use" of mobiles completely whilst driving for work related journeys. The mobile can be diverted to other messaging modes so that it is not essential to respond whilst drivng. Remember that the employer can also be prosecuted if it can be proven that the employers mobile phone policy was (partly) responsible for the use of the phone!

Posted By Richard L Rob, absolutely agree. Those of us with children will understand that 5 hours driving to the south coast with 3 ankle-biters in the back can be a lot more distracting than using a hands free, or should we start gagging em? Shall we remove the beloved CD players as well while we are at it? Realities check please! Richard

Posted By J Knight On a RoSPA training course I attended recently the presenter claimed to have read some research that talking on the phone engages the 'active' part of the brain, while listening to the CD or radio is a passive activity. While not claiming that his version represents the cutting edge of neurological research, this does make sense to me. It's not the act of pushing the button that bothers me, as we do that to open windows or turn the demister on, it's the fact that a driver talking is less able to concentrate than one who isn't. So it's not turning the hands-free on or off which is the problem, it's using it, research does support this; and anyway, you look like a crazed loon talking to yourself in the car. But what about passengers? Well, true, but they will usually shut up without prompting when the driver needs to concentrate (though they do occasionally scream at an impending collision), unless of course they are ankle biters when there are good arguments for banning them (did I say from cars?). No, we can't ban children, not even from cars, but we can ban mobile phones, and we aren't allowed to drive around at work with our kids in the car, John

Posted By Jonathan Breeze Rob, You seem to be labouring under the misunderstanding that the law is sensible. It is not! That is why lawyers are paid phenomenal amounts of money to try & convince judge and jury that their interpretation of the law is the correct one. Technically - you could get done for driving without due care & attention for talking with a passenger or changing the CD. This has always been the case, hence my earlier quip about the apple (recent case where driver was successfully prosecuted for eating an apple while driving - remember?) Honestly, where have you been recently, Mesopotamia?

Posted By Eric Burt When conducting a health and safety risk assessment into the use of mobile phones whilst driving, it is worthwhile basing your conclusions on studies undertaken by the Road Transport Research laboratory (the body that conducts research for the NCAP ratings for vehicles). They recently released a report which compares the use of a hands-free mobile phone whilst driving with other tasks, such as talking to a passenger. They have concluded that it carries a much higher risk. It is also worthwhile observing Professor Stewarts (Independent Expert Group on the Use of Mobile Phones) comments regarding use of hands-free mobile phones whilst driving. He points out that the only reason hands-free wasn't banned was because it could not be enforced. TRL (and RoSPA) both point out that the risk of using a hands-free phone is virtually the same as using a hand-held. If vehicles are being used for work, then the legislation that applies (in addition to the Road Traffic Act etc) is the Management of Health and Safety at Work Regs 1999, Reg 3 suitable and sufficient risk assessment. To do your "driving at work" risk assessment take research from RoSPA, TRL etc and decide upon your control measures. If you decide that it is OK to use hands-free phones whilst driving then you may subsequently have to justify your decision. Obviously if you find research which contradicts TRL / RoSPA then this is OK as long as it comes from bodies as equally respected as these. Introducing a ban on the use of hands-free mobile phones whilst driving will not get you onto anyone's Christmas card list, but at least you will be basing the conclusions of your risk assessment upon the latest research from respected bodies. If these bodies subsequently up-date their research and publish their findings, then the risk assessment must also be revisited. Prof Stewarts report can be found on the NRPB web-site and the TRL one can be found on theirs. If anyone has difficulty let me know as I have an electronic copy. Regards, Eric

Posted By Eric Burt Rob Here is the link to Prof Stewart's report. This will provide the answers to your questions. http://www.nrpb.org/news/index.htm Let me know if you wish to read the TRL report - I think you will find it helpful. Regards, Eric

Posted By John Mackessack "......does that mean that you are not allowed to talk to the person sitting next to you as all talking and listening obviously distracts the driver?" Yawn. How many times do we go round the houses with this subject? The research evidence is well documented and pretty much old hat. It has been known for years. I suggest that some people do their research. Difference between using a phone whilst driving and talking to another occupant in the car is subtle but significant. The mode of use (handheld or hands-free) is largely immaterial. A passenger will not expect the driver to respond immediately if they are performing particular manoeuvres which require attention. They can see situations unfolding, read body language and will shut-up accordingly. The driver then gets on with the task at hand. Whereas, the person on the other end of the phone cannot see impending disaster and rabbit-on regardless. The driver will feel obliged to respond, causing subconcious conflict that affects the decision making ability. I suppose it's a bit like a rule-based error become a knowledge-based one...although I stand to be corrected on my analogy. (IMHO the reason that a total ban was not enforced at this stage was political - enforcement would be a nightmare as Joe Public is not ready to accept the facts yet).

Posted By Rob T Don't you just love people who hear a theory which agrees with their way of thinking and then try to present that theory as fact. The "yawn" (sic) argument about whether it's more dangerous to talk on the hands-free than to a passenger fails to take account of the fact that a large majority of people talking to a passenger will try to look at them when talking - I would suggest that this is a million times more dangerous than keeping your eyes focussed on the road. So many variables, so don't present Professor this and that 's(who probably has an unkempt beard and rides a bicycle with a basket on the front) research as unarguable!

Posted By Merv Newman I'm not sure why, but we have a conditioned reflex to answer a ringing phone as fast as possible and no matter what else is happening. It happens time and time again. A while back I went into a peugeot showroom intending to buy a new car. The receptionist was on the phone. When she had finished I asked to see someone about buying a car. She smiled at me and answered the newly ringing phone. Afterwards she said "how can I help you ?" then she answered the newly ringing phone. I now drive a Rover 75. Then there was the plant manager on a safety audit who nearly strangled a storekeeper who kept answering his phone ! Confessions time again (!) About five years ago I got my first mobile (hands free, voice activated) phone. State of the art. A week later coming off the motorway to charles de gaule airport, merging with another lane, the phone rang. I answered. I have quite vivid memories of escaping death roughly five times in the next ten seconds. My mind was elsewhere and totally blown. Company rules now say : if the phone rings ignore it. If, a little later it beeps to say you have a message, then you can find a safe place to stop and listen to the message. If there is no message it wasn't that urgent. Guess who makes the company rules ? I do.