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#1 Posted : 30 December 2000 19:18:00(UTC)
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Posted By Bob Atkinson I am involved in a project which involves lots of people driving between different sites. We are trying to devise a "workable" policy covering the use of mobile phones in cars. One of the options being considered is to provide 'hands-free' sets for everyone. What exactly is the legal position on the use of car-phones? Does anyone have a policy covering their use? I know that ROSPA are against the use of any sort of mobile phones in cars. Can anyone help? Regards Bob Atkinson
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#2 Posted : 30 December 2000 21:16:00(UTC)
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Posted By Martin Gray It is an offence to use a mobile telephone whilst driving a motor vehicle. Officers in my force Gloucestershire have issued fixed penalty tickets and also prosecuted drivers for driving without due care and attention. The DETR have published a leaflet on the use of mobile telephones whilst in control of a motor vehicle. Even using a handsfree option the driver is not concentrating on the road and traffic in front but more on the conversation with the unseen person. Best policy is to instruct staff to use voice mail and catch up on the calls when they are parked up and in a safe place to make calls. Many road traffic collisions are caused by drivers being distracted
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#3 Posted : 31 December 2000 15:51:00(UTC)
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Posted By John Dodson The DETR (see their website: www.detr.gov.uk) is less dogmatic in relation to hands free. For hand held it says: "NEVER use a hand-held phone while driving". But takes a slightly softer line on hands free "It is safer not to use a hands-free phone while driving. Conversations using hands-free equipment can distract your attention from the road. If you have to receive a call, say that you are driving and keep the conversation brief". John
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#4 Posted : 31 December 2000 15:55:00(UTC)
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Posted By Bill Fisher Martin I agree with that view, indeed if you know an important call is due then amend the voicemail message to indicate you will respond when you can safely stop. Now, Martin if I've picked up the point, you are attached to a Police Force! On that basis can you then please answer a point I have been unable to have answered by Scottish Traffic Police. On Traffic Cars, including unmarked cars, that have CCTV imaging the "TV" viewer is inclined towards the driver - it does not view square nor inclined to the passanger side - in other words the passanger cannot view it. It also has to be adjusted via nods and dials. How does this bode with what you say and (from recollection) the Traffic Law (?) states or stated that a driver should not be able to view the screen whilst driving? As I stated I fully support the view that mobiles should not be used whilst in motion, the other issue is one of those things that has niggled for some time. Best regards Bill
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#5 Posted : 31 December 2000 16:26:00(UTC)
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Posted By Martin Gray Bill In reply to your query I can only answer for the Force I work for Gloucestershire. A cars fitted with autovision or video vascar are fitted in the passengers side of the vehicle and are not angled towards the driver. These vehicles when deployed are double crewed and the front seat passenger operates the video controls. It does not mean that the camera will not be in operation if the car is single crewed and the driver detects offences on a vehicle in front as the camera will have been set to video in front of the vehicle prior to going out of the station, the only difference is the officer will not be using the zoom controls whilst driving but may do when the vehicles are stationary. The law applies to the police as well as the public and we have been having to catch up rapidly with the Health and Safety Risk Assessments since 1997 when the police lost their crown immunity. Hope this answers your query. Martin
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#6 Posted : 31 December 2000 20:45:00(UTC)
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Posted By Bill Fisher Martin Many thanks! My query comes from a Safety Roadshow held on-Site in early December when the local (Scottish) force brought in their unmarked car (it was to be replaced!) along with the Traffic Officers. The show went very well and the Officers' interaction was superb, but they did fob off this issue. The Video screen was directed at the driver's position. Anyway time to think about moving. All the best when it comes Bill
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#7 Posted : 01 January 2001 13:24:00(UTC)
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Posted By Paul Bullows MIFPO, MIIRSM, MISM Martin, I am not sure the use of a mobile phones is in itself a specific offence. I am sure your officers have prosecuted drivers for dwdcaa, which in some circumstances, using a mobile phone will prevent a driver from properly concentrating. However, I can not see any difference a driver using a mobile phone from a single manned bobby using his pr when driving, which I see every day on the roads, even on blues and twos at speed, when he/she needs to concentrate more!! The answer should not be to say you cant use mobile phones per se, but as always, risks should be minimised by using an in built hands free kit, stopping safely to use it when possible, switching off in high risk areas, schools, etc. regards Paul
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#8 Posted : 01 January 2001 15:08:00(UTC)
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Posted By Ken Taylor Police officers do have to go beyond the normal standards of the Highway Code and traffic management regulations at times in the greater interest of law, order and public protection. This should not, however, be used as an excuse for others to engage in unsafe practices on the road or to encourage their employees to do so. The aguement that, because police use handsets, others can use mobile phones seems about as valid as saying they can exceed the speed limit because police drivers do so on occasions.
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#9 Posted : 01 January 2001 18:13:00(UTC)
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Posted By Allan St.John Holt "It is an offence to use a mobile telephone whilst driving a motor vehicle" is not correct, as far as I am aware. It MAY be an alleged offence depending on the circumstances of use, but that is for a court to decide. For it to be a specific offence there would have to be specific legislation, and I have not come across this yet in court. On the other hand I have heard several cases of alleged driving without due care involving use of mobile phones. Personally I think people calling for bans on them in cars are being naive (given the numbers in use). I would call for compulsory use of hands-free set-ups and their provision by employers for those likely to receive calls and required to act on them without delay. It is something we're actively considering at the moment. It would be interesting to see if anyone has any valid data on incident frequency. The usual caveats apply - these are my personal views and not those of my employer, and do not constitute any form of legal advice. Happy New Year and long may your mobiles remain silent!
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#10 Posted : 01 January 2001 19:04:00(UTC)
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Posted By Martin Gray It is interesting to see the various responses to this subject. All police vehicles in my county are fitted with a radio transmission switch on the gear stick to enable the officer to respond to radio calls without effecting their control of the vehicle. Officers are trained to a high standard both at basic, standard and advanced levels. All officers not just traffic officers and response car drivers are required to undertake refresher training on a regular basis. When did we last undertake a test or refresher in driving? When writing your policies concerning the use of mobile telephones you should also consider the reading of maps and papers whilst driving. Yes, it does happen and with a marked police car alongside videoing the event. Martin
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#11 Posted : 01 January 2001 21:38:00(UTC)
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Posted By Bill Fisher Martin I am sorry but I seem to have stirred a hornet's nest! I again agree with you that there is a significant difference in a highly qualified driver making use of eqiupment which is designed to be safe in use and the business driver using a psuedo hands-free set. My original thinking is that by designing out safety in operation flaws, such as the position of the screen or indeed an officer using a hand-held or "hands-free" which still necessitates the driver's attention / concentration to be averted from the act of driving is unacceptable (in this day and age!). Your force seem to be at the forefront of efforts to achieve that. Regards Bill
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#12 Posted : 01 January 2001 22:02:00(UTC)
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Posted By Paul Bullows MIFPO, MIIRSM, MISM Ken, I do not agree with your arguement that police drivers need to break traffic regulations for the greater good of law. Two wrongs do not make a right. The arguement regarding speed does not hold water as the Road Traffic Act specifically gives exemption from the speed limit to Police, Fire and Ambulance vehicles if that limit would hinder their duties. It gives no such exemption to police drivers to drive without due care etc. We only need to look at the high number of serious rtas involving police vehicles to know that all is not well. Paul
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#13 Posted : 02 January 2001 08:16:00(UTC)
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Posted By Ken Taylor Paul, A careful reading of my response will show that I did not refer to police officers breaking Regulations or suggest that they drive without due care and attention. The point is that, because they may, on occasions when necessary, use radio communications and exceed the speed limit, it does not provide good reason for others to do the same when there is no such necessity. In writing our policies, I believe we should accord with both legislation and the Highway Code - which will inevitably be used as a 'test' of conformity with legislation, rather like ACOPs. Incidentally, policies on the use of mobile phones ought, also to include working at heights, use of machinery, etc when there is an associated risk to heath and safety.
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#14 Posted : 02 January 2001 08:49:00(UTC)
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Posted By Ken Taylor Here is the latest text from the Department of the Environment,Transport and the Regions: 'Mobile phones and driving Drive responsively When used properly, phones in cars can have many benefits. They can provide valuable security and help in an emergency. However, they are distracting id used while driving and this increases the risk of an accident. Drive safely To drive safely you must concentrate. Talking on the phone distracts your attention from the road and this can lead to an accident. You cannot be in full control of your vehicle if you are using a mobile phone while driving. The law says... Drivers must have proper control of their vehicles at all times*. You can also be prosecuted for careless or inconsiderate driving, or even dangerous driving, if using a phone causes you to drive in this way. The penalties include an unlimited fine, disqualification and up to two years imprisonment. It can also be an offence for employers to require their employees to use mobile phones while driving. Never use a hand-held phone while driving You are not in full control of your vehicle if you are holding a mobile phone while driving. Keep the phone switched off. Only use the phone after you have stopped in a safe place. It is best not to use a hands-free phone while driving Using a hands-free phone while driving will distract you. Although you may think that a hands-free phone will enable you to control the vehicle, your mind will not be fully on your driving. It is not like talking to a passenger who is aware of the traffic conditions and can see what is happening while you are driving. Avoid taking calls. But if you must, say you are driving and end the conversation quickly. Otherwise you will put yourself and other road users at risk. Use a message service and take regular breaks For the safety of you and other road users, use voicemail or divert calls so that messages can be left for you while your phone is switched off. Find a safe place to park to make a call or receive messages. On a long journey take regular breaks to help you relax and reduce tiredness. But remember you cannot stop on the hard shoulder of a motorway except in an emergency. Reporting accidents and other incidents You should contact the emergency services as quickly as possible if an incident needs immediate action. Stop your vehicle when and where it is safe to do so or ask a passenger to make the call. Make certain you (or your passenger) are able to describe where the accident or incident is by referring to the last place or junction you passed. On a motorway, it is best to use a roadside emergency telephone, as the emergency services will be able to locate you easily. If you have to use a mobile phone, first make sure you know your location from the numbers on the marker posts on the side of the hard shoulder. DRIVING TODAY REQUIRES ALL YOUR ATTENTION ALL OF THE TIME Employers Do not ask your staff to carry out two demanding tasks at the same time. It can be an offence for employers to require employees to use mobile phones while driving - you are asking them to drive while not in proper control of the vehicle[1]. If it is essential for your staff to be contacted while they are driving, tell them to use voicemail or call diversion and to stop regularly to check messages and return calls. Installation of hands-free equipment Hands-free equipment should be installed according to the manufacturers instructions and should follow the British Standards Institution's "Guide to in-vehicle information systems" (DD 235:1996) > > > Mobile phones and driving - Think!'
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#15 Posted : 02 January 2001 10:27:00(UTC)
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Posted By Frank Neville Johnson Bob The references to the emergency services use of mobile phones do not assist a great deal with the original civilian problem since that solution cannot benefit from 'societal risk' factors which suggest 'a greater risk is permissible to save life'. There is a hint of this in the Road Traffic Act which allows the emergency services to exceed the speed limit. It can also be seen in the case of Watt v Hertfordshire County Council (1954) 1 WLR 835. In this case injury occurred to a fireman whilst on his way to free someone who was trapped. Lord Denning said in his judgement: 'If this accident had occurred in a commercial enterprise without any emergency there could be no doubt the servant would succeed, but the saving of life and limb justifies taking considerable risk…..'. This of course does not justify taking unreasonable risks. The emergency services are still required to comply fully with health and safety legislation. As for the original problem the solution must involve an assessment of the risk within the particular context, the provision of suitable equipment (hands free?), a suitable safe system, (recording the message and responding when it is safe?), adequate training and instruction and of course monitoring and review. Best of luck and happy new year.
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#16 Posted : 02 January 2001 11:13:00(UTC)
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Posted By Mark A. Bush Someone has definately stirred a hornets nest. I will support my colleague from Gloucestershire police. Here in the West Midlands we have a very strict policy on Police and Support Staff use of force issued mobile phones. Due to the (unproven) possible interference with secondary vehicle safety devices such as ABS, air bags, seat belt tensioners etc. all devices fitted to vehicles are tested by the Police Scientific Development Branch for comaptibility. I hope all other employers can prove they have been this thorough! We have a very strict driving policy and vehicle pursuit policy. The risks are assessed dynamically by the drivers on the scene and their supervisors in the control room. If the risks to the officers and the public outweigh the benefits to society, the pursuit is terminated. If an officer breaches the policy by, for example, inappropriate speed, he will be disciplined. One of our officers completed a jail term as a result of a fatal RTA. This should prove to the doubters that the police are not beyond the law. There is a difference between a conversation on a mobile phone and the short duration of police radio transmissions. There is also a vast difference in initial and refresher training for police drivers and the public as has already been stated. We in West Midlands police also prosecute drivers for using mobile phones. The case is usually based on driving without due care and attention as there is no specific crime in using communications in vehicles. The officer must therefore prove that he had reasonable evidence that the driver's ability to control the vehicle was affected. This is where video evidence is crucial. Who would have thought that a simple £5 hands free unit for a mobile phone could cause such a lenghty debate?
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#17 Posted : 04 January 2001 08:40:00(UTC)
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Posted By Richard Am I oversimplifying matters, or is this not just a matter of risk assessment? I would (have done in fact) assess risk of significant injury, and advise that mobiles are set to voicemail/divert while driving. If I were assessing for more highly trained drivers, such as emergency service professionals, my assessment might be different Richard
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#18 Posted : 04 January 2001 11:17:00(UTC)
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Posted By John Knight Interesting discussion. The Isle of Man has recently run a campaign about this one, promising that drivers using mobile hand sets while driving will be fined up to £1,000 pounds plus three penalty points. This is being applied quite vigorously, I understand, and hands-free sets are selling very well as a result. To pick up Allan St-John Holt's point about naivity, I would have no hesitation in banning the use of hands-free sets despite the number of people using mobiles while driving; after all, everybody used to drink and drive but this has eventually changed. Isn't safety partly about assessing and changing bad habits? And there is evidence that any use of mobiles has a negative effect on driving performance. This attitude, that we cannot change something because evrybody is doing it, is realted to the idea, which I have seen in print, that we cannot reduce the number of road deaths in this country any further. There is no doubt that we can, what is at issue is whether we will. John Knight
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