SOUTH WEST WALES BRANCH

Mobile Phones whilst Driving and LAW Enforcement - 1 year on: (Guidance to Drivers)

Wednesday, 27 February 2008 marked one year since the "Road Safety Act" changed the penalties for using a mobile phone while driving from a non-endorsable £30 fine to a £60 fine with the accompanying three point endorsement on their drivers licence.

The Department for Transport launched a new THINK! mobile phones campaign in February with the main objective being to highlight the one year anniversary of the change in legislation whilst reminding drivers of the change in penalties (£60 fine and three points on the licence). Penalty points can mean higher insurance costs. If you get six points within two years of passing your test, your licence will be revoked and you will need to re-sit the test. Drivers who use their mobile phones and get caught normally receive a conditional offer of a fixed penalty but if the case goes to court, they can risk a maximum fine of £1,000, which rises to £2,500 for commercial drivers of a bus, coach, or heavy goods vehicle.

Employers are also reminded that they can be prosecuted if they require employees to make or receive a call when driving.

There is a realisation and increasing concern amongst employers and fleet operators about the implications for them of the new Corporate Manslaughter Act that comes into force on 6 April and the likelihood of the Health and Safety Executive becoming involved in cases where an 'at-work' business driver has a fatal accident and therefore many employers and companies are re-assessing the risks tightening up on drivers who use mobile phones.

"THINK" Campaign objectives

• Highlight the one year anniversary.
• Continue to raise awareness of the change in penalties (£60 fine and 3 points on licence).
• Remind drivers that it is not okay to pick up the phone whilst driving.
• Extend the responsibility to the caller - think before you make that call.
• If you are an employer you can be prosecuted if you require employees to make or receive a call when driving.

A number of Police Forces across the UK have been undertaking days of action and campaign against offending drivers.

185,000 drivers were caught and fined using hand-held phones in 2007 and a further 3,000 convicted of ‘failing to have proper control offences’ (used to deal with those distracted by a hands-free phone). Official figures for 2004 show 75,000 prosecutions 2005 show 128,000 prosecutions and 2006 shows 169,000 prosecutions for the hand-held mobile phone offences. The vast majority of the motoring public complies with the law and is aware of the significant road safety risks of trying to drive and use a mobile phone at the same time but Police forces say that there are still a significant number of persistent offenders and too many motorists who use their mobile phones when they are behind the wheel and run the risk of causing a collision despite that risk and the implications of getting points on a driving licence.

The aim of the current campaigns are to publicise operations and to remind motorists of their obligations and responsibilities to themselves and to other road users

Any action that diverts the driver’s attention, such as using a mobile phone, is placing the driver and other road users at risk. The law recognises this and Police are continuing to deal with errant motorists for the benefit of other road users. 

A YouGov poll carried out for the Department for Transport also showed that 90% of the public believe that using a mobile phone at the wheel has a negative impact on a person's driving. Three quarters of people asked believe that drivers who use their mobile phones are needlessly risking their own and other people's safety. Research also showed a 40% reduction in the number of car drivers seen using hand-held mobiles at the wheel between during 2007 and just 1% of car drivers were observed using a hand-held mobile while driving, compared with 1.7% in 2006.

Reaction times are about 50% slower when driving and using a mobile phone and the risk of crashing is about four times higher.

There is a determined effort to improve road safety and the Dft and Police have appealed to all drivers to help by switching their phone off.

Callers also play an important role in keeping the roads safe. If the person they are speaking to is driving, they should terminate the call and speak to them later.

Drivers with hands free devices, are reminded that they too are liable to a fine of £60 and three points if, as a result, they are not in proper control of their vehicle or have a full view of the road ahead.

We want to remind members that it is not okay to pick up the phone whilst driving. We want to extend the responsibility to the caller to think before making a call to a driver and to remind employers and our members managers that they can be prosecuted if they require workers to receive or make a call when driving. 

The message is ''Switch off before you drive off – Don’t risk it!'' 

Below we have compiled a list of the most commonly asked questions that users of mobile phones ask.

(See below Questions & Answers and attached copy of DfT "THINK" Road Safety Campaign Leaflet "Dying to Take The Call?")

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------

THE MOBILE PHONE LAW - QUESTIONS AND ANSWERS

1. What does the ban mean?

It is a specific offence to use a hand-held phone when driving. A hand-held device is something that “is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function.” A motorist can regard driving as meaning a vehicle with the engine running. In simple terms you can use a mobile as long as you do not hold the phone and you can not use a hand-held phone if the engine is running.

2. How much is the fine if you get caught using a hand-held mobile when driving?

The fine is £60 and 3 penalty points. Motorists can take the matter to court where the maximum fine is £1000 and £2,500 for drivers of goods vehicles. 

3. Can I use a hands free kit while I’m driving?

Yes, but you can only use it if it can be operated without holding the phone. Therefore mobile phones should be placed in cradles which are attached to the dashboard. Pushing buttons is permissible while the phone is in a cradle or on the steering wheel and you do not hold the phone.

4. Can I use a Bluetooth car kit?

Yes, provided it is operated by pushing a button attached to the dashboard or via voice activation. You must not pick up your handset.

5. Will I still get stopped by police if I am using a hands free kit when driving?

If you are stopped by police and you are using a hands free kit while driving, you can face prosecution under other motoring laws. The police can charge you with driving without due care and attention, not being in proper control of the vehicle or even dangerous driving.

6. Can motorists use 'sat-nav' navigation equipment, personal digital assistants (PDAs) or other computer equipment that sends or receives data?

In theory yes – providing it is not a hand-held device. The Government guidelines state that use of devices other than mobile phones is only prohibited if the device performs an interactive communication function by sending and receiving data. If the device does not perform this type of function, you can use the device without breaching the regulations.

7. Can I use a hand-held phone when I am stationary in traffic?

No, the regulations state that driving includes time when stopped at traffic lights or during other hold-ups, so you can not use a hand-held. However, if there was an accident on a motorway, for example, and you are sure you won’t move, then you could turn the engine off and then use the phone legally.

8. Can I make emergency calls?

There is an exemption for making 999 calls to the emergency services where it is unsafe or impractical to stop.

9. Who do the regulations apply to?

The regulations apply to drivers of all motor vehicles, including, cars, motorcycles, goods vehicles, buses, coaches and taxis. They also apply to anyone supervising a learner driver, while the learner is driving.

10. Are employers guilty of an offence if their employees use a hand-held phone while driving?

The Regulations apply to anyone who causes or permits any other person to use a handheld phone while driving. Under Department for Transport guidelines, they consider that employers would not be liable just because they supplied a telephone or because they phoned an employee who was driving. However, employers would probably be liable if they required their employees to use a hand-held phone while driving and might also be liable if they failed to forbid employees to use such phones on company business.

Increasing concern about corporate manslaughter and the likelihood of the Health and Safety Executive becoming involved in cases where a business driver has a fatal accident means that many companies are becoming tough on drivers who use mobile phones. Some are even banning the use of hands free phones by employees.

11. What are the insurance implications if motorists are caught using mobile phones when driving?

In theory, an insurance company could refuse to pay for damage to your own car if you were breaking the law at the time of the accident (this could include using a mobile phone).

The effects on your insurance if you have an accident could include loss of no claim bonus which would result in an insurance premium increase by at least 50 per cent.

Some insurance companies increase premiums for drivers with penalty points. From 27 February last year this meant that breaking the mobile phone law not only costs a fine and points, but could also increase your premium. A number of convictions, such as drink driving and dangerous driving may result in cover being refused or a significant financial penalty being applied.

12. The police do not bother to enforce the law, and many, many people break it – I see them on every journey. Do I really need to comply?

Yes - In the first year of the law 77,000 drivers were caught and fined. The three points will hurt drivers more than a fine, and as we all know that with mounting points comes increased fines, increased insurance premiums, driving bans and with a ban the risk of losing your job if you need to drive and great personal inconvenience and transportation difficulties.   

Copyright © CWU South West Wales Branch 2008