Mobile Monitor

Mobile Phones and Driving

The links between using a mobile phone when driving and road accidents is clear. This applies not only to hand held phones but to all phones, including hand-free phones. A driver’s attention is needed at all times. In January 2000, the Government began a campaign to bring this hazard to the attention of all mobile phone users.

A 2005 Australian study found that use of a mobile phone while driving increased the likelihood of causing an accident fourfold. This conclusion was irrespective of whether a hands-free device was used. (Source: Cancer Research UK.)

The Royal Society for the Prevention of Accidents is campaigning for a change in the law to prevent people using mobile phones in moving cars. In February 1999, the Highway Code was amended to include a new section which warns “Never use a hand-held mobile phone or microphone while driving”. It goes on to warn that even hand-free systems are “likely to distract your attention from the road”.

Drivers must have proper control of their vehicles at all times. The police advise that the offences of “careless and inconsiderate driving” and “failing to have proper control of a vehicle” provide them with sufficient powers to prosecute where appropriate if people are driving while using a hand held mobile phone. A number of drivers have been imprisoned after accidents while they were talking on a mobile phone.

Corporate Manslaughter Act

If an employee caused a fatal accident whilst driving on company business, either in a company car or a private car, the employer could be found guilty if the company was proven in some way responsible.

To reduce the likelihood of being implicated in a criminal offence, employers should put appropriate policies and steps in place to minimise the risks associated with activities where a duty of care is owed. That is less onerous than it sounds. If a company is convicted, it can be liable to pay a substantial fine. The court may also make remedial orders requiring the company to correct a failing, and publicity orders requiring the company to publicise details of its conviction. The Health & Safety Executive can bring further charges for the same offence.