Guidance Note

Guidance Note

Mobile phones

Six Town Housing recognises its duty under the Health and Safety at Work Act to ensure, so far as is reasonably practicable, the health and safety of all employees while at work and to safeguard others who may be put at risk from the employees’ work activities. This duty extends to include work-related driving activities.

Legislation

It is an offence under road transport legislation to use a hand-held mobile telephone, or similar device, when driving a motor vehicle.

It can also be illegal to use a hands-free telephone whist driving. In the event of a crash, depending on the individual circumstances, drivers could be charged with ‘failing to have proper control of their vehicle’. In serious cases, the use of any type of mobile phone could result in prosecution for careless or dangerous driving. Penalties can include disqualification, a large fine and up to two years imprisonment. The police will check telephone records when investigating serious or fatal crashes to determine if the use of the telephone contributed to the crash.

Employers who require staff to use any mobile phone whist driving for work could be prosecuted if an investigation determined that use of the telephone contributed to a crash. Claims in the civil courts could also result.

It is also an offence to ‘cause or permit’ a driver not to have proper control of a vehicle. It is for this reason many organisations no longer allow hands-free kits to be used.

There is an exemption for calls to 999 in genuine emergencies where it is unsafe or impractical to stop. The use of 2-way radio equipment (unless the device can also be used as a telephone) when driving is not included in the legislation.

The use of all mobile phones (both hand-held and hands-free) by all employees whilst driving for work is prohibited.

The policy is based on the following:

• research evidence indicating that, due to lack of concentration, drivers are four times more likely to be involved in a road traffic collision (RTC) when speaking on a telephone;

• the charge of ‘failing to have proper control of the vehicle’ or ‘careless’ or ‘dangerous driving’ if the use of a hands-free phone is proven to be a contributory factor in a RTC;

• the employers liability for ‘causing or permitting’ a driver not to have proper control of a vehicle;

• case history – the award of considerable damages to the victim of a RTC who was hit by an ‘at work’ car driver who was using a hands-free mobile phone.

Guidance for drivers

Phones in cars can have many benefits. They provide security and help in an emergency. However, they are distracting if used when driving and this increases the risk of a crash. It is hard to do two things at once and to drive safely you must concentrate on the road.

‘Driving’ includes times when stopped at traffic lights etc. In cases of exceptional traffic jams it would be clear that someone was not driving if the engine was switched off.

Even if you are a careful driver, you will still be distracted by a phone call or text message. Your concentration and anticipation will be affected.

• It is illegal to use a hand-held mobile phone when driving.

• Keep your mobile phone switched off when driving or use your voicemail, a message service or call diversion so that messages can be left for you.

• Only use your mobile phone after you have stopped in a safe place. Never stop on the hard shoulder of a motorway except in an emergency.

• You may think a hands-free phone will enable you to have control of your vehicle, but your mind will not be fully on your driving. It is not like talking to a passenger who will be aware of what is happening when you are driving.

• Avoid taking calls on a hands-free phone. Otherwise you will put yourself and other road users at risk.

• You may use a mobile phone when driving for help in an emergency. On a motorway it is best to use a roadside emergency telephone, as the emergency services will be able to locate you easily.

Guidance for Managers

• Do not ask your staff to make or receive calls when they are driving.

• As a manager you may also be prosecuted if you require your employees to use a mobile phone when driving.

•If it is essential for your staff to be contacted when they are driving, tell them to use voicemail or call diversion and to stop regularly to check messages and return calls.

Further information on mobile phone use whilst driving can be found in the Department for Transport advice leaflet T/INF/885 – ‘Switch It Off’. Contact the Road Safety Unit (0161 253 5552).