Having a discussion about the ability to answer a call, using hands free / headphones etc whilst the phone is in a designated cradle - presssing the answer button on the phone? anyone have any comments / knowlege on the facts

Edited by user 09 March 2017 08:58:38(UTC)  | Reason: I have some informaiton

Edited by user 09 March 2017 13:09:22(UTC)  | Reason: font

Once moe with feeling then:

Please, will some one quote me a conversation that is worth the life of a child... I would love to see it in print.

Originally Posted by: Bob Hansler

Once moe with feeling then:

Please, will some one quote me a conversation that is worth the life of a child... I would love to see it in print.

http://existentialcomics.com/comic/106

I will venture to be contentious that physical interaction with the device (pushing a button) is not hands free -you have just used your hand! And modern phones no longer have a physical button - dependent upon hand set it is swipe up/down/left/right, touch fingerprint scanner. enter pin, enter security image and any combination thereof.

This is why Sat-Nav's display a warning when they start in the UK not to interact whilst driving

To be considered hands free the device must be set to auto answer an inbound call and capable of accepting voice dialling for outbound calls - unless of course you have exceptional employees with telekinetic abilities

Then we get to the messy situation where manufacturers have specifically added buttons to the steering wheel for supposed hands free actions answer call / end call / voice dial. Not quite to the word of the law but less distracting than reaching for some remotely cradled hand set.

Personally the phone is in the boot out of reach and with the multi-function steering wheel so ergonomically designed that "hang up"is the first button my thumb finds happy times!

I do not know if there is an exact description defined in law of hands-free or hand-held usage, however I did a trawl of the Internet and found acouple of interesting definitions in line with my original post.

https://www.roaddriver.co.uk/safety-tips/the-law-and-mobile-phones/

'With a properly installed hands free kit or securely cradled phone, you are allowed to press a button to receive or end a call. You are not allowed to press numerous buttons or text messaging as this is both highly dangerous and illegal. '

https://www.theaa.com/driving-advice/legal/mobile-phones

Handheld device – something that "is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function".

WIthout wishing to be pedantic, the law (Road Vehicles (Construction and Use) (amendment) (No 4) Regulations 2013 - catchy title, eh?) refers to hand-held devices but makes no reference to hands-free devices. Ray has shown the correct definition of a hand-held device. 

Any other comment referring to "pressing buttons" just clouds the issue, and isn't relevant to this particular offence.

As others have mentioned however, use of a device which is not hand-held could still open up the driver to a charge of not being in control of the vehicle, as could smoking, eating an apple of tuning the radio.

Originally Posted by: sappery760

It does not matter if a phone is hand held or otherwise professional studies have show that talking on a phone is the biggest distract of the mind against most other things when driving so lets stop fussy-putting-around and give the problem to management quoting the good commenters made on this site & then H&S should step back

People today, inclusive of the police and courts*, want an excuse for everything as against having proper management and standards

*[a guy was recently let off a motoring offence yet again even though he had 67 points on his licence before he went to court as noted on the BBC news recently]

With respect, the OP asked about whether using a button on phone would be deemed as using a hand-held phone or something to that effect, not whether phones should or should not be used whilst driving. We had a thread recently which discussed the pros and cons of using a hands-free phone which went on and on...

So we have had reference to the long running post - "temporarily" unavailable

In that particular string were references to some court cases one of which is probably very relevant to the OP question - the driver was "hands free" but not in a conventional sense as some would assume using BlueTooth but rather using the mobiles speaker phone function.

So in a cradle or due to a loan/courtesy/rental car sat on the passenger seat (or some other location within the car) it becomes a very fine line between pushing a button and physically picking up the hand set to push a button (or several buttons to dial) - so when communicating is the driver head up watching the road or constantly turning to the phones location?

I appreciate the poor definitions provided under the construction regulations - as with all technology the law is generally two to three steps after the event.

OP do your cars actually have hand set cradles fitted? Many lease companies now seem to charge for the loss of resale value caused by holes in the dashboard fitting hands free kit (especially if this is not left in the vehicle at the end of the term).

Well, bluetooth is made for comfort but i have seen that people use it while driving and lose their concentrate of driving. My brother had an accident while talking to his Bae in his car. He gets many big injuries but i am thankful to god he is fine now.

Interesting case study around this issue that might help some people wit their opinions, from when 3M banned all use of phones: 

"Performance Measures

Employee attitudes are being monitored on an annual basis. A survey conducted three months after the ban was introduced indicated a swing in employees’ attitude. When the ban was first introduced, 56 per cent of staff did not welcome it. Just three months later, less than half (41 per cent) said they did not like it. By June 2011 negative sentiment stood at 35 per cent.

The most recent survey (which was anonymous) showed 49 per cent of employees complying with the policy fully; 46 per cent 'most of the time' and 5 per cent ignoring it.

The results showed real signs that the safety message was getting through. When asked their reasons for complying with the new rules, 6 per cent said it was because they thought using a mobile phone while driving was a dangerous distraction and could lead to an accident.

The survey also indicated that the ban had tracked through to 3M employees’ personal lives. 43 per cent said that they already avoided using their personal phone while driving – but since the work ban a further 48 per cent had either stopped or reduced the practice.

The survey also found that almost three quarters of employees said that customers had either welcomed the ban or had been neutral about its introduction, allaying some of the fears about potential reactions."

An effective policy where 5% admit to totally ignoring it and 46% were only partially compliant?

Pretty much reflects public opinon of the hand held legislation.

Originally Posted by: Roundtuit

An effective policy where 5% admit to totally ignoring it and 46% were only partially compliant?

Pretty much reflects public opinon of the hand held legislation.

More info from same source for information: 

"Lessons Learned

Recognising the ban was attracting interest from other companies, 3M conducted a driver distraction survey amongst its external customer base during November and December 2008, receiving 1,638 responses from drivers up and down the UK, 1,048 of whom who used their cars on business.

The survey’s findings suggested that business worries could be leading drivers to use their phones in the car even though they know it puts them at higher risk of an accident.

Some 62 per cent of motorists who took part in a national survey realised that talking on a hands-free phone makes a crash more likely and more than a quarter said they knew somebody who had had an accident or a near miss while using a hands-free in the car.

But six out of ten feared that if they stopped talking on the move it could have a negative effect on their business. Some 21 per cent felt they had to be contactable at all times.

Professor Andrew Parkes, Chief Research Scientist at TRL was quoted in the press release announcing the survey’s findings, saying: “At some stage, I fully expect to see an employer sued by an employee involved in an accident due to being distracted by a business call while driving.”

http://www.drivingforbetterbusiness.com/casestudies/3m.aspx

And a more contemporary update on the figures showing the ban was not adhered to?

Originally Posted by: Roundtuit

And a more contemporary update on the figures showing the ban was not adhered to?

Yes I wonder what the long term compliance was. 

Originally Posted by: DavidGault

Originally Posted by: WatsonD

I will keep this neutral as this is a contentious subject. The law states:

Using hands free (e.g. for navigation) is not illegal. However, if this distracts you and affects your ability to drive safely, you can still beprosecuted by the police.

Source: http://think.direct.gov.uk/mobile-phones.html

Most of the psychological studies I have seen on this subject would take the 'if' out of that statement.

Then the law needs to change.  The original query was about pressing a button, which we do with our radios, CDs, air con, etc. 

Modern car features: ICE auto tuning with adaptive volume, climate control set, demister on timer, rear view mirror auto dimmer, lights and windscreen wipers auto function, emergency braking hazard warning lamps - just the indicators left to automate in main stream cars then the only significant button will be engine start/stop

Don't forget to wipe the ICE when the car is sold or returned to the leasor/rental company - find it fascinating the number of drivers who leave behind journey details, home address and the content of their phone contacts list.