Connexion Partnership Solicitors

02-03-2007

Legal implications of the changes to mobile phone laws

Background

New regulations came into force on 1 December 2003 which made it an offence to use a hand-held mobile telephone or similar device when driving. From 27 February 2007 a new fixed penalty was introduced for using a device illegally which will incur a £60 fine and 3 penalty points on a driving licence. Providing that a phone can be operated without holding it then hands-free equipment is not prohibited by the new regulation. A prosecution can be made, however, if a driver is deemed not to have been in proper control of the vehicle. The penalties for driving without due care and attention or dangerously when using a telephone can include disqualification.

If the case concludes in a court hearing the maximum fine increases to £1,000 rising to £2,500 for drivers of buses, coaches or heavy goods vehicles.

Employer obligations to ensure compliance and minimise risk

Employers are under a duty to protect the health, safety and welfare of their employees. A failure to notify and advise employees of the regulations and the implications of using a hand-held mobile telephone could be criticised and interpreted as evidence of failings in systems. Employers also face a risk of being prosecuted if they require an employee to make or receive mobile calls when driving.

It is incumbent on employers to manage risks within the workplace and consideration should be made to issuing specific guidance notes to employees which relate to the use of a hand-held telephone. In addition, provision of hands-free equipment to relevant employees may also be considered necessary.

Guidance notes

The guidance notes should cover:

1. Notification that use of a hand-held telephone or other similar device is strictly prohibited when driving

2. A recommendation that a hand-held telephone should be switched off or diverted to voicemail before commencing any journey to avoid any distraction whilst driving

3. Advice that taking or receiving calls is to be avoided even on a hands-free telephone

4 If a hands-free telephone is available and a call must be made or taken, that call is to be limited and as brief as possible.

Sally Hancock
of the BLM Group for Connexion Partnership

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