Risks of mobile phone use whilst driving: Drivers’ and employers’ responsibilities

Given the recent reports of police forces using unmarked HGVs to crack down on suspected driving offences, you must have a thorough understanding of the law on using mobile phones while driving.

James Edes is reminding drivers and employers of commercial drivers of their responsibilities and the steps they must take to avoid falling foul of the law.

A refresher on the law

It’s illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving a vehicle or riding a motorcycle.

For example, you must not text, make/receive calls, take photos or videos, or browse the internet.

This includes if you’re:

  • Stationary at traffic lights
  • In traffic queues
  • Supervising a learner driver
  • Driving a vehicle that switches off the engine when you stop moving
  • Holding and using a device that’s offline or in-flight mode

Exceptions

You can use a device held in your hand if:

  • You need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop
  • You’re safely parked
  • You’re making a contactless payment in a vehicle that is not moving, for example at a drive-through restaurant
  • You’re using the device to park your vehicle remotely

Using devices hands-free

You can use devices with hands-free access, if you do not hold them at any time during usage. For example, hands-free access means using:

  • A Bluetooth headset
  • Voice command
  • A dashboard holder or mat
  • A windscreen mount
  • A built-in sat nav

The device must not block your view of the road and traffic ahead.

Staying in full control of your vehicle

You must always stay in full control of your vehicle. The police can stop you if they think you’re not in control because you’re distracted, and you can be prosecuted.

Penalties

You can get 6 penalty points and a £200 fixed penalty notice if you hold and use a phone, sat nav, tablet, or any device that can send and receive data while driving or riding a motorcycle.

You’ll also lose your licence if you passed your driving test in the last 2 years.

You can get 3 penalty points if you do not have a full view of the road and traffic ahead or proper control of the vehicle.

You can also be taken to court where you can:

  • Be banned from driving
  • Get a maximum fine of £1,000 (£2,500 if you’re driving a lorry or bus)

Steps employers can take to manage the risk of drivers using mobile phones

The employer of a driver of a commercial vehicle will be expected to share the responsibility if a driver’s use of a mobile phone contributed to an accident whilst the driver was working for the employer.

Every employer should have a clear written policy dealing with the use of mobile phones whilst working.

This policy should be reviewed and updated at reasonable intervals. It should also be possible to show that it has been given to every employee, possibly by getting a signature from each employee confirming receipt of the policy.

The employer should have a record of every mobile phone held, and used, by an employee, with the number and a description of the phone i.e. standard, smart- phone, or android.

There should be written instructions given to those working in the traffic office, or to those responsible for giving drivers delivery or collection instructions. This is to ensure that there will be no occasions during the working day when the driver of a vehicle will be expected to have a conversation on a mobile phone whilst they are driving.

Of course, it may be necessary to speak to a driver in a day, but this must follow the following protocol:

  • The call should always be at pre-arranged times when the vehicle is stationary.
  • The driver should know that no call should be made whilst the vehicle is moving.

The vehicle will be deemed to be moving if it is stationary with the engine running.

It can be challenging to supervise drivers when they are away from base. This is particularly true if a driver receives a call from home, or from a close friend whilst they are driving, or needs to make a call of their own.

However, the fact remains that if an accident is found to have been caused, or contributed to, using a mobile phone whilst driving, the employer may find that he is being expected to share the blame.

This could result in criminal proceedings against the employer and/or the driver, as well as potential driver conduct hearings or public inquiries before the Office of the Traffic Commissioner (assuming the employer has an Operator’s Licence).

It is recommended the employer provides specific training for employees dealing with the dangers that can arise from the use of a mobile phone.

Any employee who is likely to use a vehicle in the course of their employment should receive this training which should be provided at reasonably frequent intervals.

Other relevant evidence would be disciplinary records showing that prompt and effective action had been taken against any employee found to have been using a mobile phone whilst driving.

If you require advice on your obligations and best practices on mobile phone use when driving, don’t hesitate to contact James Edes.