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Tough new penalties for using your mobile while driving

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Nearly one in three company car drivers have been found to be breaking the law when it comes to using a mobile phone in their vehicles, according to a new survey by YouGov for UK health and safety experts, Croner.

The survey revealed that 31% of drivers admitted using a mobile phone while driving on company business, flouting the law in the process.

The news comes in the face of tough new penalties from 27 February onwards.

The new legislation will see financial penalties for the improper use of a mobile phone while driving doubled from £30 to £60, with law breakers facing, for the first time, the prospect of having their licences endorsed with three penalty points.

Croner is warning that employers are also at risk of prosecution and increased fines for allowing staff to make or receive calls while driving.

The company believes small firms are particularly at risk because they are unaware of the impact of the legislation and fail to see that they could be held responsible for the actions of employees who misuse a company supplied mobile phone.

Although a business cannot be given penalty points, it can be fined the same £60 penalty under the new legislation. Both the employer and the employee could pay out for the same offence with the employee receiving the penalty points.

This could lead to companies having to pay higher premiums for company car insurance policies.

Croner’s advice to employers:

• Under the Health and Safety at Work, etc Act 1974, employers have a duty to ensure the health, safety and welfare of all employees, which includes providing information, instruction, training and supervision to ensure safety whilst driving.
• Employers also have a duty to reduce the risk from fatigue, lone working and the use of mobile phones while driving. Employers seeking to implement an occupational road risk policy are advised to seek professional advice.
• Consult with staff and their safety representatives about the company’s policy on mobile phones and driving and review the policy periodically.
• Raise awareness:

- about the dangers of using mobile phones while driving
- about the company’s policy on mobile phones
- about the benefits of switching the phone to voicemail - or completely off – during driving

• Inform staff that you do not expect them to make or receive calls when driving.
• Advise employers about the legal, financial and negative image consequences that could result from using a mobile phone while driving.
• From the head of the organisation down, lead by example – do not use a mobile phone yourself while driving.
• Ensure that journey plans include time and places to stop and rest for refreshment and to check messages and return calls.
• Review work practices to ensure they do not pressurise staff into making or receiving calls when driving.
• Provide training to any staff that have been identified as using a mobile phone while driving, or been involved in a crash, to establish the details and to identify what lessons can be learned.
• Inform staff that you will co-operate fully with the police regarding enquiries resulting from a crash and will supply the police with all relevant information on the employee involved.
• Managers should discuss this issue with their drivers during staff appraisals and team meetings. Staff should always be encouraged to report any pressure from managers or customers to use a mobile phone while driving.

Posted February 26, 2007