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mobile phones - driving - corporate manslaughter
Rank: Super forum user 
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One of our members of staff 'voluntarily' attended a speed awareness course recently, and came back reporting: "On my speed awareness course at the w/e it was pointed out that if during the course of your work you are talking to someone who is on their (hands free) mobile in their car and they are involved in a fatal accident the Company could be involved in corporate manslaughter charge. So really, if we get a call we should ask and if the caller is driving and if they are you end the call." Our procedures forbid any talking on the phone while driving: Quote:
Mobile phones of any sort (including those equipped with hands free equipment) must not be used when driving.
Mobile phones, even those properly fitted with legally compliant hands free equipment, may only be used when the vehicle is stationary.
Personally, I do end a call (as politely as possible, if it's a client) if I become aware a person is driving, but I don't think it needs to be in a company procedure. I think a corporate manslaughter charge is a theoretical possibility, but I think it is vanishingly unlikely to happen in the current climate of tolerance to telephoning and driving simultaneously. It's not a real legal risk (to the business - driving and phoning is a safety risk and potentially a legal risk to the individual). It's as likely, I think, that if you're talking to someone regardless of work or not and they have a fatal accident you'll face a personal manslaughter charge. Comments? Does anyone have formal policy statements about other people's employees driving and telephoning?
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Rank: Super forum user 
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In effect your company COULD or MIGHT be involved within the realms of corporate manslaughter charges, be it driving related or not!
If you have a policy that is enforced regarding non use of hands free communications and protocol for speaking to someone on their hands free whilst driving then I expect your company has mitigated to probability of breaching this act for this specific activity.
Time will tell how often when and why they act will be used as I believe it's still in it's infancy so to speak!
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Rank: Super forum user 
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I agree with MB1, in that a CMA charge 'could' be brought in the scenario presented, but highly unlikely. Instructors on courses often like to present a worst case scenario in order to dissuade others from taking that course of action. It is more likely a charge of death by dangerous or careless driving would be the result.
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Rank: Super forum user 
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The CM ‘argument’ is often wheeled out during various training sessions as being an almost automatic consequence of a fatal accident. While I am sure that it will be considered, our experience so far, suggests otherwise.
While there MAY be some tolerance of phone use while driving among many, I am not sure if that extends to the Police or the courts (happy to be wrong though).
I tend to agree however, that the likelihood off a CM charge of even a GNM charge currently APPEAR pretty remote, but not beyond the bounds of possibility. A clear policy from the company and the ability to be able to demonstrate that they have taken reasonable steps to ensure that the policy is ‘enforced’ would of course assist with mitigation.
The various ‘guidance’ from road safety organisations does generally indicate that extended hands free conversations can be very distracting and (significantly?) increases the risk of accidents.
We do have a policy that forbids hands held use of mobiles while driving, which actively discourages hands free use as well.
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Rank: Super forum user
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Your procedures clearly relate to your own staff when driving BUT if other companies choose a different policy it is up to you whether you continue a call. It is not currently an illegal act to use handsfree when driving and the police seem able to do it while in active pursuit mode and nobody has yet stated they must stop to report in before resuming chase.
Bob
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Rank: Super forum user
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Corporate manslaughter is often mentioned on courses like this but in practice it is unlikely that just a one off call to a mobile phone that led to a fatal road accident would be sufficient to trigger a CM charge. The Act is intended to deal with a ‘Gross breach’ of the duty of care by an organisation, which would occur if the alleged conduct amounts to a breach of that duty that falls far below what can reasonably be expected of the organisation in the circumstances. ‘So if it was company policy to keep in touch at all times even if driving then this would be a gross breach. A one-off call by an individual would not. There would have to be a clear company policy against using a mobile while driving, which was enforced. That would be enough to mitigate against a CM charge.
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Rank: Super forum user
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It is not currently an illegal act to use handsfree when driving and the police seem able to do it while in active pursuit mode and nobody has yet stated they must stop to report in before resuming chase.' Bob, that is another urban myth and not true. Vehicle drivers may be prosecuted if involved in a RTA and they were found to be a using a hands-free phone at the time. See - http://www.telegraph.co....-caused-fatal-crash.htmlPolice and other emergency response drivers are exempt because the law only does not included two-way radios, only mobile phones and other similar devices.
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Rank: Super forum user
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I'm with Ray on this one - the only time it is OK to use a mobile phone is when it is a GENUINE emergency to call the emergency services. 2 way radios are specifically excluded from the regulations guidance as issued bt DfT. A key point however, is that company policy must not require employees to operate mobile devices (hands free or not) whilst driving - this could be seen as condoning the use and, in theory at least could become the Gross act implied in the Corparte Manslaughter scenario.
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