Morning all.

A client is looking at the above and asked my advice. I have access to the usual docs and resources and have advised accordingly. However, I cannot seem to locate any suitable case law on the subject (I have tried the usual suspects). I am not looking for guidance or assessment techniques, just the case law (if any).

Does anybody know of any relating to this in particular?

Thanks in advance.

Chris.

Ray

Thanks for that. Both are useful but my client may reflect upon the 'drink drive' issue in the first and the 'texting' in the second.

To clarify, they are looking at company car drivers and one of their managers has leased cars without hands-free kits. Another manager has requested they buy a hands-free kit (in ear type) until a solution is sought.

This raises the issue - what is hands free and im trying to convince that any texting, making calls, receiving calls etc. is distracting regardless of the hands-free situation.

Further cases would be great..

Thanks again Ray.

CS

Yes thanks and I have lots of guidance etc. It is case law (if any) that I am after..

Try this link

http://keepyourlicence.n...yers-solicitors-news.htm

There is one case quoted but there is also the opportunity to get in touch with the publishers

It does not matter if its a hands-free or not a hands-free situation because if somebody is talking on a phone and they have a crash whilst at work then U the employer is at risk as well as them and 'nobody' is important enough to need to talk on a mobile phone when driving other than specialist government services; so undertake the risk assessment and logic will say that U stop the practice

U can look at as much guidance as U want but when U end up in court there's only one way it will go if that person was using their communications device whilst at work and driving and it was common practice to encourage such actions

IF U do not buy hands-free kit in the first place U cannot get caught using them in the second place

In our company no one is allowed to use a mobile phone when driving a hired or company vehicle and it does not mattter if they have a "hands free" or not.

Les

I agree. BUT that is our company's policy. I agree that it is very difficult to enforce esp if one is driving alone!

Ray, I am not convinced that using a phone in hands-free mode is any safer than using one hand to hold it against an ear. It may avoid a fine but I strongly suspect that the danger arises from the attention needed to maintain the conversation rather than using one hand to drive.
Millions of drivers spend millions of hours driving one-handed for a large variety of other reasons (smoking, scratching, eating, resting an arm, laziness, etc etc) and I have never seen any evidence that this is a significant cause of accidents.
A phone conversation needs much more concentration than listening to a passenger and I totally accept that phoning is very dangerous whilst driving.

This might focus the "controlling minds" of the organisation:

http://www.fleetnews.co....rate-manslaughter/27410/

or

http://www.drivingforbet...article.aspx?article=908