Mobile Phone usage whilst driving

Ciaron Dunne
Member - 85 posts

Kevin,

The Department for Transport guidance is as follows:

"Provided that a phone can be operated without holding it, then hands-free equipment is not prohibited by the new regulation.

"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."

Workplacelaw Network Advisor Jeremy Hay of Risk Answers (jeremy.hay@btconnect.com) provides the following additional comment:

"Unfortunately, it will take a few court cases to sort out what exactly is defined as being hands free.

"In general, a fundamental question is what is the organisation's policy on the subject and how is that worded? In principle, an outright ban is safest, but then the employer would have to show that it is both realistic for their employees, and effectively policed, rather than a convenient smokescreen put up by management to cover themselves. I think if it was thought to be the latter, and there was a serious accident, the Company could find themselves in a worse position."

I would recommend reading the guidance at:

http://www.dft.gov.uk/stellent/groups/dft_rdsafety/documents/page/dft_rdsafety_025216.hcsp

You can also download a flowchart from that page which might help.

Regards

Ciaron Dunne, Editor

Anonymous

An article summed the issue up succinctly - It isn't the equipment that is the problem, it's the conversation and it's detrimental effect on concentration.