Mobile Phones whilst Driving and LAW Enforcement - 1 year on

[TrueBlueTerrier]

Letter to Branches




No. 159/08
Ref P19
Date: 3 March 2008

To: All Branches

Dear Colleagues,


Mobile Phones whilst Driving and LAW Enforcement - 1 year on: (Guidance to Drivers)

Wednesday, 27 February 2008 marked one year since the "Road Safety Act" changed the penalties for using a mobile phone while driving from a non-endorsable £30 fine to a £60 fine with the accompanying three point endorsement on their drivers licence.

The Department for Transport launched a new THINK! mobile phones campaign in February with the main objective being to highlight the one year anniversary of the change in legislation whilst reminding drivers of the change in penalties (£60 fine and three points on the licence). Penalty points can mean higher insurance costs. If you get six points within two years of passing your test, your licence will be revoked and you will need to re-sit the test. Drivers who use their mobile phones and get caught normally receive a conditional offer of a fixed penalty but if the case goes to court, they can risk a maximum fine of £1,000, which rises to £2,500 for commercial drivers of a bus, coach, or heavy goods vehicle.

Employers are also reminded that they can be prosecuted if they require employees to make or receive a call when driving.

There is a realisation and increasing concern amongst employers and fleet operators about the implications for them of the new Corporate Manslaughter Act that comes into force on 6 April and the likelihood of the Health and Safety Executive becoming involved in cases where an 'at-work' business driver has a fatal accident and therefore many employers and companies are re-assessing the risks tightening up on drivers who use mobile phones.

"THINK" Campaign objectives

Highlight the one year anniversary.

Continue to raise awareness of the change in penalties (£60 fine and 3 points on licence).

Remind drivers that it is not okay to pick up the phone whilst driving.

Extend the responsibility to the caller - think before you make that call.

If you are an employer you can be prosecuted if you require employees to make or receive a call when driving.

A number of Police Forces across the UK have been undertaking days of action and campaign against offending drivers.
185,000 drivers were caught and fined using hand-held phones in 2007 and a further 3,000 convicted of ‘failing to have proper control offences’ (used to deal with those distracted by a hands-free phone). Official figures for 2004 show 75,000 prosecutions 2005 show 128,000 prosecutions and 2006 shows 169,000 prosecutions for the hand-held mobile phone offences. The vast majority of the motoring public complies with the law and is aware of the significant road safety risks of trying to drive and use a mobile phone at the same time but Police forces say that there are still a significant number of persistent offenders and too many motorists who use their mobile phones when they are behind the wheel and run the risk of causing a collision despite that risk and the implications of getting points on a driving licence.

The aim of the current campaigns are to publicise operations and to remind motorists of their obligations and responsibilities to themselves and to other road users

Any action that diverts the driver’s attention, such as using a mobile phone, is placing the driver and other road users at risk. The law recognises this and Police are continuing to deal with errant motorists for the benefit of other road users.

A YouGov poll carried out for the Department for Transport also showed that 90% of the public believe that using a mobile phone at the wheel has a negative impact on a person's driving. Three quarters of people asked believe that drivers who use their mobile phones are needlessly risking their own and other people's safety. Research also showed a 40% reduction in the number of car drivers seen using hand-held mobiles at the wheel between during 2007 and just 1% of car drivers were observed using a hand-held mobile while driving, compared with 1.7% in 2006.

Reaction times are about 50% slower when driving and using a mobile phone and the risk of crashing is about four times higher.
There is a determined effort to improve road safety and the Dft and Police have appealed to all drivers to help by switching their phone off.
Callers also play an important role in keeping the roads safe. If the person they are speaking to is driving, they should terminate the call and speak to them later.

Drivers with hands free devices, are reminded that they too are liable to a fine of £60 and three points if, as a result, they are not in proper control of their vehicle or have a full view of the road ahead.

We want to remind members that it is not okay to pick up the phone whilst driving. We want to extend the responsibility to the caller to think before making a call to a driver and to remind employers and our members managers that they can be prosecuted if they require workers to receive or make a call when driving.

The message is ''Switch off before you drive off – Don’t risk it!''
Below we have compiled a list of the most commonly asked questions that users of mobile phones ask.

(See below Questions & Answers and attached copy of DfT "THINK" Road Safety Campaign Leaflet "Dying to Take The Call?")

Yours sincerely

Dave Joyce
National Health, Safety & Environment Officer

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THE MOBILE PHONE LAW - QUESTIONS AND ANSWERS

1. What does the ban mean?

It is a specific offence to use a hand-held phone when driving. A hand-held device is something that “is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function.â€

[Night Tonic]

My wife was run into, head on by a moron on a mobile phone. There is NEVER EVER a call that is so urgent it needs answering while on the move. Hands free yes (possibly) but otherwise never.

[POSTMAN]

They should take away their licences the c***s.Why pussy foot around ffs.

[Night Tonic]

A good idea would be to have a hotline Postman where other motorists can report them. I see loads all day - some with kids in too!!!

[POSTMAN]

I see it all the time as well,and no doubt loads of people do as well.
But it's hard to prove it tho if you was to grass them up.
The thing is,if they have an accident they're usually ok,it's the innocent parties that usually get hurt the most.
c***s!!