Mike Waters’ Blog: 25 February 2008

Mobile phones madness

So, we all know how much publicity has been given to drivers using mobile phones behind the wheel and that, as business drivers, we must pull over and stop our vehicles before we even consider making or taking a call.

However, although many drivers are applying the law properly, it seems that some drivers are now applying their own interpretation of this new legislation, which advises motorists to stop their vehicle in a safe location and switch off their engine before making a call, particularly the line about safe location.

Drivers up and down the country have now been spotted parking on dual-carriageways and even on roundabouts to make and take phone calls. I can personally verify these reports as I saw someone parked on the outside of a roundabout taking a call only this week!

Now I’m not one to be judgemental, but come on, people seriously cannot think that this is acceptable driving behaviour.

Despite this random stopping of vehicles being highly illegal it is also extremely dangerous for other road users, which is ironic considering the mobile phone ban is part of the Road Safety Act, aimed to make UK roads a safer place on which to drive.

The extension of the 2006 Road Safety Act, which came into force on 27 February 2007, not only increased the penalty for those caught using a handset whilst driving, but also determined that drivers can be fined even if they use a hands-free kit, if the vehicle is deemed to be ‘out of control’.

So, while it appears the mobile phone legislation is having an impact on UK drivers, the overall message of increasing road safety is clearly not sinking in.

I would implore people to use some common sense. Just because you want to answer a phone call, the Highway Code does not go out of the window.

The idea behind the mobile phone ban is to encourage drivers to find a safe place to pull over before they make a call not to just stop wherever you happen to be at the time that your call comes through.

So, here it is again just for the record; drivers wishing to accept or make calls whilst on a car journey should pull over in a safe position, either at a service station or an appropriate lay-by.

The best advice is to switch off your mobile phone before you get behind the wheel to avoid the temptation of answering calls or reading text messages. Drivers should only make or answer calls once they have parked in a safe place and turned off their engine.

Here’s a reminder of the current penalties for using a mobile phone behind the wheel, just in case you need more motivation to pull over safely:

* Three penalty points

* £60 fine

* Prison, in the event of a fatality

* New Corporate Manslaughter legislation, due to come into effect on 6 April, will also place business under increased scrutiny to comply with existing health and safety legislation. It will also make it easier to prosecute companies following fatal accidents. Penalties include unlimited fines, remedial orders and publicity orders.