Mobile Phones and their use in Cars

As we are in an age of instant communication we have all become heavily reliant on our mobile phones which, whilst giving us the ability to keep in touch can also have serious implications on how we drive. With mobile phones becoming ever more sophisticated and being able to deliver more than just conversation many people are finding irresistible not to be constantly using them.

How many people do you know who would be tempted to check their E mail, connect to the internet to look at their Twitter account or Face Book, even when driving?

Read on it may just make you think twice!

Research has shown that when drivers use their mobile phones whether hands free or not there is the risk of serious distraction, which can increase the possibility of being involved in an accident. IN fact research has shown those using a mobile phone can increase the likelihood of being involved in accident by up to four times.

The Law

The use of mobile appliances was reviewed and the law about the use of them changed on the 1 December 2003, this is known as ''The Road Vehicles (Construction and Use) (Amendment) (No4) Regulations 2003''. This law came into force to prohibit drivers using a hand held mobile phone, or similar device, whilst driving. The law also made it an offence to 'cause' or 'permit' a driver to use a hand held mobile phone while driving, or to use a hand held mobile phone while supervising a driver on a provisional licence.

Penalties were also introduced with a fixed penalty being issued (currently at £60 from 27 February 2007) rising up to a maximum of 7pound;1,000 if the offender goes to court. This is considerably more for commercial vehicles or vehicles carrying 9 or more passengers. This rises to a maximum of £2,500.

You will also receive three penalty points.

What is deemed to be a Hand Held Phone?

I think we would all know what a Hand Held Phone is but the actual legal definition is:

Any 'device', other than a two way radio, which performs an interactive communication function by transmitting and receiving data.

A 'mobile' phone or other device is deemed to be hand held if it is, or must be, held at some point during the course of making or receiving calls or performing any other interactive communication function.'

This ''interactive communication function 'includes:

Sending or receiving oral or written messages
Sending or receiving fax messages
Sending or receiving still or moving images
Providing access to the Internet.

I Phone and Blackberry users beware!

You are however able to use your phone to make a genuine emergency call to 999 or 112 if it would be unsafe to stop.

What is the definition of driving?

This is one of the key elements as many people will be unaware it is an offence to make a call using a hand held device if the car is stationery but the engine is running.

What about Hands Free phone kits?

If the phone is completely hands free then the driver is permitted to use it whilst driving, however due to the evidence showing using a phone is a distraction this action should be discouraged. Don't forget the police can stop you and fine you if they feel the driver is not in 'proper' control of the vehicle or the vehicle is being driven in a dangerous or careless fashion.

As an employer what should I be doing?

As stated above the law includes an offence of 'causing or permitting' a driver to use a hand held phone whilst driving.

Even if you fit hands free car kits you may be liable under Health and Safety laws especially if it is found that use of the phone contributed to any accident.

Make sure as an employer that you have a clear and concise policy about the use of mobile phones and that all car users are aware and have a copy of it.

Remember whilst all phone calls appear to be important, how would you feel if you caused an accident resulting in the loss of someone's life!

For more information ROSPA have produced some excellent advice on their website www.rospa.com

The Department for Transport have also some really informative information www.dft.gov.uk

The above information is for information only and Charter House Media Ltd cannot be held responsible in any way for the accuracy of the above information.