Use of Mobile Phones While Driving
Policy statement

As part of the overall management of work related road safety, this policy sets out the guidelines and procedures for the use of mobile phones whilst driving in the course of employment.

The company prohibits the improper use of hand-held mobile phones while driving on company business. Even with a hands-free kit, use of the phone whilst travelling should be restricted to the receipt of messages, emergency calls, incoming and outgoing calls of short duration.

Contents

1.0 Scope of policy
2.0 Why we need a policy
3.0 Working within the law
4.0 Key management responsibilities
5.0 Use of mobile phones when driving
5.1 Hand held mobile phones
5.2 Hands free mobile phones
5.3 Other devices
5.4 Reporting accidents and other incidents
6.0 Use of hands-free equipment
7.0 Cross references
1.0 Scope of policy
The policy applies with immediate effect to all employees, driving on the road in the course of their employment in the UK.
2.0 Why we need a policy
To promote safe and good practice, comply with legislation and to provide clear guidelines on the use of mobile phones while driving. The Government has introduced legislation to make driving while using a hand-held mobile phone an endorseable offence, so that offenders will be fined and get points on their licence each time they are prosecuted for breaking the law.

Employees using hands-free devices risk prosecution if they fail to maintain proper control of their vehicle or drive carelessly or dangerously. Employees must have proper control of their vehicles at all times. Employees can also be prosecuted for careless or inconsiderate driving, or even dangerous driving, if using a phone causes you to drive in this way. A failure to comply with this policy may result in disciplinary action. A serious breach may result in dismissal.
3.0 Working within the law
Motorists in the UK will be fined £60 and issued with three penalty points if caught driving while using a hand-held mobile phone. The £60 fixed penalty can be increased to a maximum fine of £1000 if the matter goes to court (£2,500 for drivers of lorries and buses) and also include disqualification and up to two years imprisonment. It is the driver of the van or car and not the employer who is liable to these penalties.

The Health and Safety at Work Act 1974 places legal duties on employers to provide their employees with a safe working environment and to take all reasonably practicable measures to ensure the safety of their staff and of others that they come into contact with while working. This applies to employees driving or riding on the road in the course of their employment.

4.0 Key management responsibilities
· Ensure that your employees understand the policy and conduct themselves in accordance with it.
· Do not ask your staff to use mobile phones while driving, that is, requiring them to drive while not in proper control of the vehicle. You or the company could be held liable for any offence committed whilst following these instructions.
· If it is essential for your staff to be contacted while they are driving, tell them to use voicemail or call diversion and to stop regularly to check messages and return calls.
· If you are contacting an employee by phone, it is important to ascertain whether the employee is driving and to ask if they are able to talk and maintain safe control if not hang up immediately. Any phone calls that are made should be kept as short as possible.
· Deal with breaches of this policy
5.0 Use of mobile phones when driving

5.1 Hand-held mobile phones
Employees are not in full control of their vehicles if they are holding or operating a mobile phone while driving, therefore:

· The company prohibits the use of hand-held mobile phones by the driver at all times when a vehicle is in motion.
· Employees should divert all calls to voicemail or to another telephone number, so that messages can be left with the phone message service.
· Employees should find a safe place to park to make calls or receive messages (not on the hard shoulder of a motorway except in an emergency).
5.2 Hands-free mobile phones
· The company will make available a hands-free kit to all employees who use a mobile phone for work while driving or travelling in the course of their employment, providing that they meet the criteria shown in Section 6.0.
· Where a hands-free kit is provided, then the driver must use it when the mobile phone is in use. In no circumstances should the phone be used as a hand-held phone.
· Use of the phone whilst travelling is restricted to the receipt of messages, making calls and receiving incoming calls. Employees are expected to maintain proper and safe control of their vehicles at all times and hence should ensure calls are kept to a minimum.
· Under no circumstances should the employee use the texting function on their phone while driving.
· Drivers using a hands-free kit should avoid long or distracting calls. The driver should tell the caller that they are driving, keep the call short and if necessary find a safe place to park for the duration of the conversation.
· If it is not safe to make or answer a call, then the call should be avoided, ignored or terminated.
5.3 Other devices
Hand-held electronic devices (e.g. Hand Held Terminals), which can be used in a similar way to mobile phones, are also included for the purposes of this policy and shall be subject to the same rules as hand-held mobile phones. (See section 5.1).
5.4 Reporting accidents and other incidents
Should an employee need to make an emergency call, they should:

1. Contact the emergency services as quickly as possible if an incident needs immediate action.
2. Stop the vehicle when and where it is safe to do so or ask a passenger to make the call.
3. Make certain you (or your passenger) are able to describe where the accident or incident is by referring to the last place or junction you passed.
4. On a motorway, it is best to use a roadside emergency telephone, as the emergency services will be able to locate you easily. If you have to use a mobile phone, first make sure you know your location from the numbers on the marker posts on the side of the hard shoulder.
6.0 Use of hands-free equipment
Employees who satisfy all of the qualifying criteria shown below and are authorised by their line manager will receive a hands free kit, which, maybe in kit form for your vehicle or in a Bluetooth earpiece. Employees with their line manager are responsible for specifying the kit when ordering each and every replacement car thereafter.
To qualify, employees must satisfy all of the following criteria:
1. They use a company mobile phone for work and company van or car while driving in the course of their employment, and
2. They frequently drive as part of their role and responsibilities, and
3. They are required to be contactable while driving or travelling as part of their employment.

It is recommended that employees will not qualify for a hands-free kit installation if they do not satisfy all of the above criteria. For example, if they are called on an infrequent basis while travelling to and from their place of work or it is for their own personal use.

The initial cost of the hands-free kit and subsequent transfer cost will be charged to the respective function. The cost of this option will also be added to the car order in the normal way. If a hands-free kit is specified, then all conditions contained within this policy will apply.

7.0 Cross References
Company Car Driver Handbook