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Health & Safety Bulletin - February 2007
The use of hand-held phones whilst driving

As a result of several requests for information by clients to James
Hallam Risk Solutions (JHRS), we would like to advise you of the
position with regard to the new legislation which will increase the
penalty for using hand-held phones whilst driving.

On 27 February 2007, the current fine of £30 will increase to £60
and three penalty points on your licence.

HSE Guidelines for employers, 'Driving at Work', state that "health
and safety law applies to on-the-road work activities as to all work
activities and the risks should be effectively managed within a
health and safety system".

The Law - Hand-held Phones
It is illegal to use a hand-held mobile phone while driving. It is also
an offence to "cause or permit" a driver to use a hand-held mobile
phone while driving. Therefore, employers can be held liable as
well as the individual driver if they require employees to use a
hand-held phone while driving.

Hands-free Phones
It can be illegal to use a hands-free phone while driving. Depending
upon the individual circumstances, drivers could be charged with
'failing to have proper control of their vehicle'. In more serious
cases, the use of any type of mobile phone could result in
prosecution for careless or dangerous driving.

The Police may check phone records when investigating fatal and
serious crashes to determine if use of the phone contributed to the
crash. Employers who require staff to use any mobile phone while
driving for work could be prosecuted if an investigation determined
that such use of the phone contributed to a crash. Claims in the
civil courts could also result.

Should you require additional information or further clarification
on Driving at Work, Safety on the Move and Use of Mobile Phones
procedures, Stuart McEwan our Risk Solutions Director can be
contacted.

Stuart McEwan
Director Risk Solutions Division
Direct Dial: 020 7997 7861
Mobile: 07970 170330
E-Mail: stuart.mcewan@jameshallam.co.uk