Mobile phones are now seen as an essential means of communication away from the office or home.
On 1 December 2003 a new regulation came into force, prohibiting the use of hand-held mobile phones whilst driving.
This law is changing and as of the 27 February 2007 the penalty for using a mobile whilst driving will increase to three points and a £60 fine. This also applies to drivers using hands-free systems and who are seen as not having proper control of their vehicle.
With today’s advances in technology it is not out of the reach of most companies to provide Bluetooth or hands-free installations in company vehicles. Company policies and employee handbooks should confer the legal and company requirements for the use of a mobile phone whilst driving.
Installing a hands-free system into company vehicles adds to the duty of care by reducing the distraction and reduction of vehicle control that comes with using a hand-held mobile device. A driver must still retain proper control of his vehicle.
Ideally, drivers should be encouraged to used hands-free installations and still stop their vehicle whilst taking a call. This allows them the ability to take notes before continuing on their journey.
The only time that employees may use a hand-held mobile phone while they are driving is to call the police, fire, ambulance or other emergency service on 112 or 999. This must be in response to a genuine emergency and only if it is unsafe or impracticable for them to stop driving in order to make that call.
There are a number of innovative solutions for company car users. There is the System 8 hands-free car kit that has interchangeable cradles for the phone so when you change your phone you just change the cradle rather than the entire installation. There is the Bury system, new to the market from Germany, that comes as an installation or as a plug and use system.
Company policies should now reflect the new changes to the law regarding mobile phone useage whilst driving. Drivers should at least have read and signed a compliance form to indicate that they know the policy. There should be a consultancy period where drivers are actually briefed on the implications, dangers and penalties for using a phone whilst driving.
An ideal policy would be one that advises drivers to switch off mobiles while driving and check for messages at a rest break.
The problem with the law is getting drivers to comply. Tangent Fleet services offers a cost-effective way of monitoring and reporting offenders of the policy and also the no smoking ban due to come into force this year. This is more cost-effective than having the police issue your driver with penalty points and perhaps even fining the company under a duty of care negligence issue.
‘Comment on my Driving’ is the fleet car answer to ‘How’s my Driving’. A non-adhesive label is placed on the inside of the rear windshield with a contact number for the public to call and comment on particular driving issues. This can range from unsecure loads, flat tyres, malfunctioning lights etc to reporting on violators of the phone ban, smoking ban and, of course, general bad driving.
There are many benefits to public feedback services:
. A reduction in the number of accidents, as drivers become more aware of their traits over a period of time. We can also notify immediately any accident reports that come to us regarding company vehicles
. Reduced insurance and liability claims as professional awareness of drivers results in fewer accidents
. Identify the need for continuation training and save on your training budget by targeting specific drivers rather than blanket spending your resources on all your assets
. The psychological impact of having a Tangent sticker on your fleet could mean drivers would treat vehicles with a little more care and attention thus increasing their working life and profitability as well as sticking to company policies.
. Increased fuel economy and reduction on maintenance bills
. Reports generated can support staff performance management issues. If necessary they can be used to provide information to the employee in a disciplinary procedure. Under the recent changes in employment law it is necessary to provide evidence in order to comply with the statutory disciplinary procedure. The reports generated can highlight to the individual areas where improvements are required. This can be seen as being unbiased as it is independent from the company, unlike in-house systems that could be called into question at certain disciplinary meetings.
Have fleets done enough to tell drivers?
The televised news has reported the changes as has the paper press and tabloids. Fleet forums and HR forums abound with information, for managers to glean the best information they can get, and have been reporting this issue for a while in readiness for its implementation tomorrow. Have managers and company policies advised their drivers fully? Time will tell. The addition of an extra three points on anyone’s licence for making a call is a high price to pay and could cost the companies, too, in loss of drivers for persistent offenders, penalties and loss of business.
