580/15 VAN & LGV DRIVERS REMINDED NOT TO USE MOBILE PHONES

[TrueBlueTerrier]

Letter to Branches





No. 580/15
Ref: V4/15
Date: 7 September 2015

To: All Branches


Dear Colleagues

VAN & LGV DRIVERS REMINDED NOT TO USE MOBILE PHONES WHILST DRIVING AND WARNING OF TRAFFIC COMMISSIONERS CRACKDOWN ON MOBILE PHONE OFFENCES BY PROFESSIONAL, COMMERCIAL VEHICLE DRIVERS:

Criminal Offence
Using a mobile phone and other hand-held devices, whilst driving, is a criminal offence. Studies have shown this to be a serious road safety risk. If this happens whilst driving a large commercial vehicle, the risk is even greater.

DVLA/Traffic Commissioners/Police Crackdown on Commercial HGV Drivers
The government has introduced a range of measures to deal with mobile phone use whilst driving and has recently, last year, increased the fixed penalty for this offence to £100. Offenders will also get 3 penalty points put on their DVLA driver record.

Due to rising concerns regarding continued illegal Mobile Phone use by Van and LGV Drivers, the DVLA announced a 'crackdown' with further control measures introduced, in order to help improve road safety by supporting the drive to deal with this unwanted behaviour.

The DVLA will now issue letters to all Heavy Goods Vehicle (HGV) or Public Service Vehicle (PSV) drivers who get penalty points put on their driver record for the specific offence of using a Mobile Phone whilst driving. The letter will inform the driver of the risks involved if they continue to use hand held devices whilst driving. It will also advise that as well as the fixed penalty and points, they might be required to attend a conduct hearing before a traffic commissioner. The letter will also warn that if this offence is repeated, they’ll automatically be referred to the Traffic Commissioner. The Commissioner may then consider the driver’s suitability to continue to hold a vocational licence.

If the HGV or PSV driver commits a second offence, then they will get a second letter from DVLA telling them that they have automatically been reported to the Traffic Commissioner. The DVLA hopes that by sending these letters out to offenders and the intention to take further action against them will help to teach drivers about the dangers and consequences of committing the same offence. If this helps to change their behaviour, reduce the number of further offences and stop further sanctions, then it can only be a positive thing for UK road safety.

To facilitate the above detailed 'Crackdown', a process has been put in place for Police forces to notify the Traffic Commissioner of details of mobile phone offences committed by HGV and PSV drivers (providing details of the driver and the offence committed) to the Traffic Commissioner at the time of the offence, allowing the Traffic Commissioner to consider further action against the driver (such as suspension or revocation of the driver's HGV or PSV driving entitlement) and, potentially, the driver's employer.

The Police can issue a fixed penalty notice (£100 plus 3 penalty points or prosecute) in respect of mobile phone offences (imposing a fine and penalty points upon the driver); however the introduction of this new system will mean that HGV and PSV drivers will be called to appear before the Traffic Commissioner at Driver Conduct Hearings, where they will face further repercussions for mobile phone offences.

The Senior Traffic Commissioner's Statutory Guidance and Directions ("the Guidance”) confirms that, whilst each case is decided on its own facts and merits, the starting point for a mobile phone offence committed in a HGV or PSV is the suspension of the driver's vocational driving entitlement for a period of 21 days, to commence with immediate effect.  The Guidance also confirms that, for subsequent mobile phone offences, this suspension will be multiplied accordingly (e.g. 2 x 21 days for a second offence, 3 x 21 days for a third offence and so on).  This will impact heavily on drivers, as, for some, suspension of their vocational driving entitlement will mean loss of their employment and, consequently, their income; however, the Traffic Commissioner has confirmed that "it is that serious” and hopes that it will get the message across to HGV and PSV drivers not to use handheld mobile phones (or other devices) whilst driving.

Last year around 250 professional drivers were called to appear before the Traffic Commissioner at a Driver Conduct Hearings for driving offences, which included the use of mobile phones whilst driving.

Effects On Driving Performance
Research shows that using a mobile phone while driving distracts the driver and causes driving behaviour which adversely affects road safety. While hands-free phones and other devices, such as speed dialling and voice activation reduce physical distraction, the most important negative factor associated with using a mobile phone while driving, whether hands-free or hand-held, is diversion of attention from driving to the conversation itself. The extent of the negative effects of telephone use while driving depends on the complexity of both the conversation and the driving situation. Driver reaction times are 30% slower when telephoning while driving than driving whilst over the Legal Alcohol limit and 50% slower than under normal driving conditions. Texting while driving basically doubles a driver's reaction time and makes the driver less able to respond to sudden roadway dangers, if a vehicle were to make a sudden stop in front of them or if a child was to run across the road.

Mobile Phone Motoring Offence Penalties:
It is illegal to use a handheld mobile phone or a device for sending or receiving data while driving. This includes Blackberry and PDA devices if they have a mobile phone built-in. If you use a handheld mobile phone or similar device such as a two-way radio while driving, you could face:
A fixed penalty £100 fine.
Three penalty points on your driving licence.
If the case goes to court, you could face: A £1,000 fine unless you were driving a bus, coach or any heavy goods vehicle, in which case the maximum fine is £2,500. 
Discretionary disqualification.
The above penalties also apply if you are distracted and not in proper control of the vehicle when using a hands-free phone or similar device.
After conviction, you face higher motor insurance costs.

Advice
Please take note of the following advice:
If you call someone on their mobile phone and they turn out to be driving, please hang up and call them when they’re not driving.
If you drive as part of your work and need to use the phone for work, put your phone on voicemail and listen to messages when you are safely parked.
You can call 999 or 112 if there is a genuine emergency where it is unsafe or impractical to stop.
You can use a phone when safely parked, and when you are a passenger.
Don't use a phone whilst driving.

Posters
See attached two Posters:
1. 'Do Not Use Mobile Phones While Driving
2. 'No Texting While Driving'

[CWU - Raising awareness of the potential consequences of using a mobile phone while driving.]

Yours sincerely
 


Dave Joyce
National Health, Safety & Environment Officer