alexmystic1324
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As we reported in HR E-Briefing 118/2003, the ban on the use of mobile phones whilst driving takes effect from 1 December 2003.
The offence will apply not only to drivers speaking or listening to a phone call, but also using any device interactively for accessing any sort of data, sending or receiving text messages or other images, provided the device is held in the driver’s hand at least during part of the period of its operation. Employers can potentially be held liable for “causing or permitting” an employee to use a hand-held mobile phone or similar device while driving.
The penalty for contravention will be a fixed fine of £30, or a fine on conviction of up to £1,000 (£2,500 for drivers of goods vehicles or buses/coaches). The Government plans to increase the fixed penalty at a later stage to £60 plus three penalty points.
The Department for Transport has recently issued new guidance on the legislation, in the format of ‘Frequently Asked Questions’, together with a flowchart to assist individuals to work out whether they are in breach of the new regulations.
§ The guidance confirms that proper hands-free equipment and two-way radios are not prohibited by the new regulations.
§ Pushing buttons on a phone that is placed in a cradle on the dashboard, or buttons on the steering wheel is acceptable, provided that operating the phone does not require it to be held at any time.
§ The use of navigation equipment or personal digital assistants (PDAs) or other computer equipment that sends or receives data, including GPS, is permitted.
§ Mobile phones should not be used when the driver has stopped at traffic lights or during normal hold ups. In exceptional traffic jams, provided the driver has switched off the engine, use of a mobile phone would be permitted.
It will be some comfort to employers that the Department for Transport does not consider employers would be liable just because they supplied a phone or because they happened to phone an employee who was driving. Employers would probably be liable, however, if they required their employees to use a hand-held phone while driving, and possibly if they failed to warn employees that they should not use such phones when driving on company business.
Employers with ‘mobile’ employees would be advised to issue guidance on the new offence to their employees in advance of 1 December 2003, making it clear that they should not use a hand-held phone while driving. Where necessary, employers should consider supplying fully hands-free equipment to their employees.
The Department for Transport guidance and the flowchart can both be accessed from:
www.dft.gov.uk/stellent/groups/dft_rdsafety/documents/page/dft_rdsafety_025216.hcsp
The offence will apply not only to drivers speaking or listening to a phone call, but also using any device interactively for accessing any sort of data, sending or receiving text messages or other images, provided the device is held in the driver’s hand at least during part of the period of its operation. Employers can potentially be held liable for “causing or permitting” an employee to use a hand-held mobile phone or similar device while driving.
The penalty for contravention will be a fixed fine of £30, or a fine on conviction of up to £1,000 (£2,500 for drivers of goods vehicles or buses/coaches). The Government plans to increase the fixed penalty at a later stage to £60 plus three penalty points.
The Department for Transport has recently issued new guidance on the legislation, in the format of ‘Frequently Asked Questions’, together with a flowchart to assist individuals to work out whether they are in breach of the new regulations.
§ The guidance confirms that proper hands-free equipment and two-way radios are not prohibited by the new regulations.
§ Pushing buttons on a phone that is placed in a cradle on the dashboard, or buttons on the steering wheel is acceptable, provided that operating the phone does not require it to be held at any time.
§ The use of navigation equipment or personal digital assistants (PDAs) or other computer equipment that sends or receives data, including GPS, is permitted.
§ Mobile phones should not be used when the driver has stopped at traffic lights or during normal hold ups. In exceptional traffic jams, provided the driver has switched off the engine, use of a mobile phone would be permitted.
It will be some comfort to employers that the Department for Transport does not consider employers would be liable just because they supplied a phone or because they happened to phone an employee who was driving. Employers would probably be liable, however, if they required their employees to use a hand-held phone while driving, and possibly if they failed to warn employees that they should not use such phones when driving on company business.
Employers with ‘mobile’ employees would be advised to issue guidance on the new offence to their employees in advance of 1 December 2003, making it clear that they should not use a hand-held phone while driving. Where necessary, employers should consider supplying fully hands-free equipment to their employees.
The Department for Transport guidance and the flowchart can both be accessed from:
www.dft.gov.uk/stellent/groups/dft_rdsafety/documents/page/dft_rdsafety_025216.hcsp
