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Using a mobile whilst driving during work

A Scottish safety expert is alleged to have done when he realised he was going to be late for the first-aid seminar he was supposed to teach?

Steering wheel in one hand and mobile in the other, he phoned the organisers to say he had been delayed in the rush-hour traffic.

The scores of motorists the Chronicle photographed on their hand-held mobile phones at Mumps roundabout – one of the busiest in the borough – doubtless had their own stories of why they simply had to make or receive that all-important call. We are a nation of people with too much to do and too little time. 

But each was risking a £60 fine and three penalty points. If the police or the driver had chosen to take the case to court rather than use a fixed-penalty notice, the fine could have risen to £1,000 – or £2,500 for drivers of vans, lorries, buses and coaches.

The penalties reflect the fact that driving requires significant attention. Research has shown that reaction times are up to 50 per cent slower than normal when a driver is using a mobile phone. And people using a mobile phone while driving are four times more likely to have a crash.

The law does not specifically forbid drivers from using a hands-free phone, because it is difficult for police to see them being used. But police can still prosecute a driver using a hands-free phone for failing to have proper control of the vehicle, if he or she is driving badly because of being distracted.

And it’s not only the driver who risks legal penalties. Employers can be prosecuted if they require or allow their employees to use a mobile while driving for work. The legal requirement of an employer to assess risks at the workplace and ensure a safe working environment applies equally to employees driving at work. 

Employers may also be found negligent if they fail to put in place a policy for the safe use of mobiles. As a minimum, this should require employees to pull off the road before using a hand-held mobile. Some employers simply ban their employees from using all wireless devices while on the road.

When it comes to driving and using a mobile, drivers should remember the old maxim that it’s impossible to do two things at once and do them well. And the consequences of driving badly can be catastrophic.

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Notes to Editors

Pearson Hinchliffe Commercial Law is a commercial law practice providing a range of legal service to business and commercial clients in Oldham and across the North West. The firm's specialities include Company & Commercial, Employment Law, Commercial Litigation and Commercial Property matters.

As one of the leading law firms in the North of England, Pearson Hinchliffe’s mission is to be ‘the complete law firm’ providing the highest quality legal services to its clients. It does this by offering practical and cost effective, high quality legal advice for a wide range of clients.  Each client is catered for as an individual with their business and personal requirements taken into account which allows for a highly personalised service.

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