Posted By Graham Fox. Does anybody know what changes will be implemented in the law regarding the use of hand held mobile phones and non-permanent hands free kits, used in motor cars.

Posted By Dave Wilson We have just produced a discussion paper on this subject and it is attached for info and we will introduce a company wide ban on using mobile phones when driving. If it becomes illegal (a specific offence) then a policy is immaterial as it is the same as producing a policy which says you will not drink and drive. Mobile Phones and Driving – Discussion Paper Introduction After discussion at a recent HS&E Committee meeting it was agreed that the company introduce a policy on the use of Mobile phones whilst driving COMPANY VEHICLES. The use of mobile phones whilst driving is a dangerous practice and potentially puts peoples lives at risk, both to our employees and to the general public at large. It is important that **** has a clear Company policy on the practice of driving a company vehicle whilst using a Mobile phone. Present situation The UK Government’s Road Safety Strategy recognised that mobile phones are a real risk to road safety, despite being of great assistance to drivers. The current situation in terms of mobile phones and driving is that the Police may prosecute drivers under Regulation 104 of the Construction and Use Regulations 1986 (C&U Regulations) for failing to have proper control of their vehicle. Offending drivers may be offered a fixed penalty notice of £30. If not, the fine on conviction is a maximum of £1,000 (or £2,500 for drivers of goods vehicles and vehicles licensed to carry eight or more passengers). A prosecution for careless or dangerous driving may also be justified in some cases, which may attract a higher penalty. Penalties for these offences include endorsement, disqualification and imprisonment in the most serious cases. The Highway Code also highlights that drivers should never use a hand-held phone and that using a hands-free phone is also likely to distract a driver’s attention from the road. Concerns about drivers using their mobile phones whilst on the move have prompted further action to send a clearer message to motorists that they should not be used. The Government has already announced plans to make Regulation 104 of the C&U Regulations an endorsable offence, which is likely to be in force around Easter 2003 this will introduce a mandatory 3 point penalty and a £30 fine, but up to £1000 in a magistrates court. Amendments to the C&U Regulations would apply throughout Great Britain. The proposed ban will also apply when a vehicle is stopped at traffic lights or stuck in a traffic jam. Points for consideration Text messaging must be forbidden under all circumstances if driving. We operate throughout the UK and some employees spend considerable time travelling and keeping in contact is sometimes essential. Journey times may vary if persons have to stop frequently to check for messages or make phone calls. Management must realise that persons may be ‘non-contactable’ when driving if a hands free kit is not installed and allowance for this must be adhered to. Staff who have taken the ‘money option’ instead of a company vehicle are therefore driving their own vehicle but are on ‘Company Business’ when travelling away from base. Do we provide for them? They may change car whenever they wish or do we insist that they have a fitted kit which we reimburse through the allowance or pay for but only once every 3 years? The only acceptable hands free kit is a properly installed, fixed hands free, this will have a financial implication of approx. £250 per vehicle, whose budget? Central or departmental? The need for a policy on this will be academic if the proposed legislation comes into force as it will be a specific criminal offence to use a mobile whilst driving, however in the interim, until this is on the statute it is imperative that we have a clear company policy. Some employees may not need a hands free kit if they only use their company vehicle for travelling from their home to work. A standardisation of Phones and hands free kits in pool cars will need to be considered or a phone made available which fits the hands free so that the driver can insert their ‘SIM’ card into this unit. This should be made a disciplinary offence, as a breach would be against a defined company requirement in the interests of safety. I am of the opinion that the use of a mobile phone should not be permitted whilst driving any company vehicle unless it is attached to a properly fitted hands free kit and recommend that **** introduce a Policy to this effect as soon as possible.

Posted By Sean Fraser In advance of any legislation, our organisation has already banned the use of hand-held mobile 'phones by employees whilst driving, with a policy on how to deal with customers/suppliers who confirm they are calling from a mobile whilst driving. As has been pointed out, this policy becomes irrelevant once legislation is enacted. I am looking forward to seeing how many prosecutions are actually brought in the wake of any statute and what penalties are actually applied, to see if this has any effect on what I personally find a dangerous and selfish activity. However, I am also cognizant of the fact that the use of such technology has been a boon to many businesses and it allows for contact to be maintained with mobile staff wherever they are, so what effect would such legislation have on small businesses where a mobile 'phone is an economic lifeline for many? The problem is always telling the difference between a "justified" conversation and one that is just for a chat! The easiest (and safest) way has always been to simply outlaw it. I always feel that safety considerations come before commercial ones and this matter has been a good example of that.

Posted By Eric Burt Trevor In my research I put this very point to the police, especially as they are often involved in high speed pursuits, and was told that the use of a radio differs considerably in that it is used for very short periods of time to send and receive messages, whereas a mobile phone call tends to involve a conversation of greater duration. The police also made the point that they are trained in driving to a higher standard than Joe Public. Contact BRAKE through their web-site www.brake.org.uk to get examples of successful prosecutions of drivers using hands-free and hand-held mobile phones whilst driving. There is a case of a lorry driver using a hands-free while driving who killed another motorist and was sentenced to 18 months imprisonment. Eric