Posted By Homer Some guidance please. We are very keen to ensure all our drivers who use need mobiles are fully complying with the law. Some of our vehicles have a factory fitted built in system in the car and I believe this is okay as its controlled from the steering column. However wee also have some vehicles which have had kits fitted after purchase and some of these requires touch contact with the keypad on the phone. Other drivers (self included) use Bluetooth headsets, these generally have voice tag and auto answer but still require the user to press a button on the headset at some point. Can anyone give me very clear legal guidance on this as I see a possible huge problem looming, and yes I know we could have a policy that bans calls whilst driving, in our business this will not work.

Posted By Alexander Falconer Homer I am guessing that you are in the service industry. I shared your concerns (working for a central heating installation & servicing company) with regards to our drivers being unable to take calls. The simplistic approach we did was to introduce a policy, to protect the company and advise the relevant employees of the implications. The new laws are fraught with some difficulties, as how on earth do you expect to enforce this policy when you have personnel working the length & breadth of the country. All you can really do is advise and guide! Our personnel have work automatically downloaded into PDA's thus eliminating the need for phone calls. Our call centre & admin staff have been advised against calling mobiles. Our supervisors and managers use bluetooths, whilst this is not illegal, this poses just as much of a risk as using hand held mobiles, however thru' appropriate training & toolbox talks all you can do is let them know the pro's and con's and expect them to use their discretion as to the driving conditions at the time (ie on a clear motorway, no risk; on a busy high street, ensure phones are set to voicemail or even switch off altogether. Whilst it is always going to be difficult, with a bit of common sense approach the obstacles can be overcome. Make sure your risk assessment identifies the key issues. Meanwhile, I have also sent you mail Alex

Posted By Homer IOSH some very clear guidance to those that must use mobiles would be good!!

Posted By Chris Packham Referring to one of the previous contributions on this thread, presumably taking one's hand off the steering wheel to light a cigarette or adjust the vehicle's heating would constitute an illegal action. What about operating the gear shift! However, whilst everyone is discussing mobile phones, has anyone considered the distraction of satnav? Can it be considered safe to have a map displayed which the driver will presumably consult, thus distracting him from the road? Should we not have a requirement that satnav should only be used with audio information and that any display should be turned off whilst driving? Chris

Posted By Jay Joshi The new law that came into force on 27 February 2007 was for the fixed penalty that for the first time included the award of three penalty points as well as doubling the fine from £ 30 to £60. Otherwise the law remains the same as from 1 December 2003. The best advice is not to use a mobile at all whilst driving. Although a hands free is not prohibited, using a hands free Refer to:- http://www.thinkroadsafe.../advice/mobilephones.htm Is a driver allowed to use any other equipment like a hands-free mobile phone? Why don't you just make it illegal to use all mobiles when driving? The use of a hands-free phone or other equipment is not specifically prohibited because it is difficult for police to see it in use. But if you drive poorly because you are distracted by a phone conversation for example, then the police can prosecute for failing to have proper control of the vehicle. The same penalty applies as for hand-held phones - 3 points and a £60 fine. If there is an incident or a crash, the use of any phone could be justification for the charges of careless or dangerous driving. The penalties on conviction for such offences include heavy fines, endorsement, disqualification and, in serious cases, imprisonment. Courts are taking a serious view in such cases. More Info at:- http://www.rospa.com/roa...riving/mobile_phones.htm http://www.dft.gov.uk/pg...onesanddrivingfreque4661 Q2. Is hands-free phone equipment allowed? Provided that a phone can be operated without holding it, then hands-free equipment is not prohibited by the new regulation.[that came into force on 1 December 2003, it is a specific offence to use a hand-held phone, or similar device, when driving. The penalty was a £30 fixed penalty or up to £1,000 on conviction in court (£2,500 for drivers of goods vehicles, buses or coaches). Drivers risk prosecution (for failure to have proper control) if they use hands-free phones when driving.] And pushing buttons on a phone while it is in a cradle or on the steering wheel or handlebars of a motorbike for example is not covered by the new offence, provided you don't hold the phone. However, hands-free phones are also distracting and you still risk prosecution for failing to have proper control of a vehicle under Regulation 104 of the Road Vehicles (Construction and Use) Regulations 1986 if you use a hands-free phone when driving. If there is an incident, the use of any phone or similar device might justify charges of careless or dangerous driving.

Posted By Andrew Meiklejohn IMO human beings cannot do two things at once - and do them well. In my opinion driving a car constitutes 2 things controlling the movement, in a often complex environment, and opewrating the engine. Moreover recent reports - including the Stewart report -have indicated that use while driving - even hands free is a serious threat to safety. As far as I can recollect it is as bad as driving under whilst over the limit for alcohol and subsequently do not use my mobile when mobile.

Posted By Chris Packham How far do we go? Apart from the intial push (and I don't have to take my eyes off the road as any button will answer an incoming call and my phone is close to the steering wheel), is holding a conversation on the mobile phone (hands-free of course) any more distracting that a conversation with an argumentative passenger? (I can switch the phone off if I need to concentrate - difficult to do with the passenger!) What about noisy, distracting children on the back seat? And how distracting is that in-car entertainment centre in the car in front of me at the traffic lights, so loud that I can hear it clearly in mine (with the windows closed)? Why single out hands-free mobile phones? Perhaps we need a more holistic approach to driving. Perhaps it should be: No radios/CD players to be used when driving No passengers to talk to driver Noise-reducing panel between front and back seats to prevent distraction from children etc. No satnav? etc. etc. or perhaps we need to keep some sense of reality. To me some of what is being said is somewhat akin to PC - or am I oversensitive? Chris

Posted By alex mccreadie CHRIS The most sensible post I have seen for a long time was trying to word one like it but you beat me to it. Before anyone shouts I am for hands free as explained by Chris and against hand held mobile calls whilst driving.

Posted By Mike Palfrey It's all good stuff. However, like Road Tax, MOT, Insurance, Driving Licence, tread on tyres, lights, speed, drink & drug driving, etc., etc. until there are sufficient Traffic Officers patrolling to actually enforce the law then nothing will happen. There'll be a bit of a high profile blitz for TV cameras, then business as usual. Speed cameras aren't very good at a lot of this sort of thing unfortunately and the Police will be far too busy making sure there are "no smoking" signs in company vehicles come the summer anyway. Be careful out there Mike