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Driven to distradion

21st September 2006
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Page 36, 21st September 2006 — Driven to distradion
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Which of the following most accurately describes the problem?

A driver who lost concentration while using a hands-free phone has

been jailed for causing death by dangerous driving. Is it time to review the mobile phone regs? Transport lawyer Andrew Sanderson reports.

Last month a truck driver was jailed for four years after admitting causing death by dangerous driving.Winchester Crown Court was told John Payne had been distracted by using his hands-free mobile phone when his 7.5-tonner ploughed into Trinity Taylor's stationary car on the M3 near Basingstoke, Hants in October 2005. Payne was also banned from driving for seven years (CM 10 August). Because Payne was using a hands-free phone he was not in breach of regulations introduced on! December 2003 making it a specific offence to use a hand-held mobile phone while driving. Hands-free phones were exempted from penalties, but the Payne case may cause the authorities to review the regulations. Use of a hand-held mobile phone while driving incurs a £30 fixed penalty or up to £1,000 on conviction for car drivers and £2,500 for drivers of goods vehicles, buses or coaches. Disqualification and imprisonment are available to the court in serious cases.

Communication breakdown

I he regulations make it an offence to hold a mobile phone while making or receiving a call or performing any other interactive communication function, such as sending or receiving text messages. The Department for Transport (DfT) guidelines say it is not an offence to push buttons on a phone while it is in a cradle or on the steering wheel,provided the driver does not physically hold the phone. But drivers still risk prosecution for failing to have proper control of their vehicle under Regulation 104 of the Road Vehicles (Construction and Use) Regulations 1986, even if they are using a hands-free phone.

Any incident where a mobile phone plays a part may justify charges of careless or dangerous driving.

As part of a study, the Royal Society for the Prevention of Accidents (RoSPA) concluded that operating a mobile phone while driving would adversely impact upon the driver's maintenance of lane position, maintenance of an appropriate and predictable speed and following distance, reaction time, judgements of safe gaps in traffic and general awareness of other traffic. RoSPA estimates drivers are four times more likely to be involved in a crash if they are using a mobile phone.

Police can check mobile phone records when investigating fatal and serious crashes to determine if the use of a mobile phone was a contributory factor.

With regard to the employee/employer relationship and the use of mobile phones, the position is relatively straightforward. The DfT considers employers would not be liable on the basis of supplying a mobile phone or because they phoned an employee who was driving at the time. However, the employer and the driver would be liable if employees were required to use a hand-held phone while driving. Employers could potentially face a prosecution under the Health and Safety at Work Act 1974 and unlimited charges of individual or corporate manslaughter if an investigation determined that use of the phone contributed to a crash.

While the regulations apply to drivers of all vehicles, particular consideration needs to be given to LG V drivers. They are considered by the public and the authorities to be professionals and therefore a higher standard of driving is imposed as well as expected.'lbat is why greater fines are available to courts should drivers be caught breaching the regulations.

Research suggests that the use of hands-free equipment may affect concentration just as much as using a hand-held phone.

Calls for a total ban

In light of high-profile prosecutions there have been calls for a total ban on the use of mobile phones by drivers of LG Vs, buses and coaches regardless of whether or not it is a hands-free device. I consider that if any such ban were introduced, it would need to apply to drivers of all vehicles.

If a driver,especially an LGV driver.needs to use a mobile phone it should only be done when the vehicle is parked.This will avoid a potential prosecution.

It is important to remember that until a few years ago mobile phones were not commonplace and people managed to operate effectively without them. •


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