Use of Mobile Phones in Vehicles

							                                                                                                                HS9
Guidance



Use of Mobile Phones in Vehicles




                       Sefton Health & Social Care Directorate




       Version Number                  1.2                                   Date of Issue        Feb 2006
        Authority for issue            Peter Pattenden – Head of Adult Services    Review Date: January 2007
        Drive Document(s)                    Directorate Policy            Committee Item         Statute

       Adults Division
           Files to update                Area               Residential      Day Care             Other

           Replaces Pages                                                     File Section    Health & Safety

          Equality Impact              Approved by DASS                            21/12/05      Eddie Byrne
           Assessment:




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Guidelines on the Use of Mobile Phones in Vehicles

Aim of Policy

A report compiled by the Transport Research Laboratory on behalf of the Department of the
Environment, Transport and the Regions, suggests that the distraction of using a mobile phone
whilst driving can be a contributory cause of road traffic accidents.

The aim of the Policy is to reduce risk of Council employees being involved in road accidents,
whilst using vehicles for work.

Introduction
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Recent changes to legislation have determined that from 1 December 2003, it is a specific
offence to use a hand-held phone, or similar device whilst driving. The regulations apply to the
drivers of all motor vehicles on the road, including, cars, motor cycles, goods vehicles, buses,
coaches and taxis.

The regulations apply to “anyone who causes or permits any other person” to use a hand-held
mobile phone whilst driving. Employers may therefore be liable for employees‟ use of such
equipment if they failed to prohibit the use of phones whilst on company business.

The revision of the Highway Code offers advice on the following: -

“Using a hand-held mobile phone or microphone when driving can be very dangerous and means
you are not in control of your vehicle. You MUST exercise proper control of your vehicle at all
times. Using hands-free equipment is also likely to distract your attention from the road, and it is
far safer not to use any telephone when you are driving. If you need to use any telephone in the
car, find a safe place to stop first!”

Current research endorses the above statement indicating that hands-free equipment is no safer
than that of hand-held. The Council‟s Road Safety Team, its professional body LARSO (Local
Authority Road Safety Officers Association) as ROSPA, also hold this view.

The following guidelines are intended to help Managers and employees take a practical and
consistent approach to the operation of the Council‟s Policy, on the use of mobile phones in
vehicles.

Rules for use of mobile phones in vehicles are laid down, and guidance concerning enforcement
of the Policy are included. These were agreed at Transportation Committee, 12 January 1998.

Issue of Phone

Before deciding to issue a mobile phone to an employee the manager must consider:

i)     the need and benefit for personal safety/or operational reasons for issuing a mobile phone
against the cost and road safety risk;
the intended use/purpose of the mobile phone.



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If a mobile phone is required to enable the job to be undertaken safely and effectively, mangers
and employees should consider which type of phone is to be issued, in particular hand-held or
hands-free.

It should be noted that the rules for using either types of mobile phone are the same; essential
calls should only be made from the vehicle whilst parked in a safe place, with the engine switched
off; but the hands–free variety makes it easier to take notes.

If as a result of risk assessment it is deemed absolutely essential that certain officers are
contactable at all times, then hands free phones with an automatic answering mechanism must be
used. In such cases, when receiving calls officers should pull over at the first safe location, to
continue the conversation.

The Council‟s Policy for the use of mobile phones whilst driving has recently been amended to
incorporate changes to be introduced from December 2003. All Council employees need to be
aware of what is deemed acceptable behaviour with regard to such. The following details are
provided for your information and so that you know what is expected from you and what you
should expect from the Council as your employer

For all other circumstances the following rules apply: -

Employees must:

Never use phones (whether hand-held or hands-free) to make or receive calls (this includes
texting) when driving a vehicle – only when the vehicle is parked safely, according to road traffic
regulations; at all other times the phone should be turned off and a message answering facility
employed.
Check for messages and deal with any calls only when parked safely.
Never look up numbers or attempt to take notes while driving.
When calling other mobile phone users, always ask whether it is safe to speak, and make the
duration of calls as short as possible.
Only give a number when it is absolutely necessary.

Managers must ensure that:

Employees are not required to be available via mobile phones at all times
Employees have been instructed in the rules for use of mobile phones.
Mobile phones have a message answering facility, and employees have been instructed in how to
use this facility.
A reminder is installed/attached to mobile phone equipment outlining the rules for use.
The use of mobile phones by employees is regularly monitored and reviewed.
Failure to comply with the above could result in you not only being prosecuted by the Police but
also being subject to disciplinary action by the Council




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Training

Driver training is an essential element of ensuring that the risk of Council employees being
involved in road traffic accidents is reduced. Training can be arranged via the Traffic
Management and Road Safety Team based within Balliol House, Bootle.

Enforcement

Action by the Police has been taken against drivers for using their mobile phones while driving.
Some of who have been fined, and in some cases sent to prison. This will now include a fixed
penalty ranging between £30 and £1000 for failure to have a proper control of a vehicle.

Should the Police take action against an employee for using their mobile phone whilst driving, the
Council will co-operate fully with the police. In addition to any Police action, disciplinary action
may also be taken. Should a failure to comply with the Police in some way be a contributory
cause of a road traffic accident, disciplinary action may be considered appropriate whether or not
Police action is taken.

Other Considerations

Driving is a demanding and responsible task, requiring 100% of the driver‟s attention, 100% of the
time. Any form of distraction is likely to increase the risk of the driver being involved in a road
traffic accident. With this in mind the same consideration in respect of risk assessment (paras, 7,
8 & 9 ”Issue of Phones”) should be given to the need for other forms of communication e.g.
walkie-talkies and as far as possible the same “rules for use” (paras 10, 11 and 12) must be
adopted.

Wherever „hands on‟ communication equipment currently installed/in use in vehicles e.g. walkie-
talkies, is due to be replaced (or the vehicle is due to be replaced), consideration should be given
to installing „hands free‟ equipment, with automatic answering and message facilities.

Possible Health Effects Related to the use of Mobile Phones

The National Radiological Protection Board (NRPB) is Central Government‟s advisory body on all
aspects of radiation safety. A summary of the NRPB‟s views on the safety of mobile phones is
given below. Further information in relation to this can be obtained directly from the NRPB Tel:
01223 831600 or from the Health Unit Ext 3650.

Hand-held mobile phones currently used in the UK comply with the exposure limits recommended
by the NRPB. These limits are based on limiting any heating effect that may occur due to
exposure to electromagnetic radiation at the frequencies used by hand-held mobile phones.

Concerns about other possible adverse health effects, including cancer have been raised. The
NRPB has reviewed the scientific evidence on exposure and risk of cancer and concluded that
there is currently no clear support for the view that such exposures cause cancer.

Any Queries

19.    If you require any clarification interpreting any element of this guidance note or you require
further advice in relation to its contents, please call the Traffic Management and Road Safety
Team, Ext 4231 or the Health Unit, Ext 3650.

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FINISH/END DOCUMENT




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