Nov/Dec 2003

On 1 December 2003 it became illegal to use a handheld mobile phone in the UK whilst driving a vehicle. The change results from new legislation announced earlier this year and hurried quickly on to the statute book. It is embodied in the Road Vehicles (Construction and Use) Statutory Instrument 2003 No. 2695, amendment no. 4, 2003. There is an on-the-spot fine of £30 for each offence, which can rise to £1,000 if the case goes to court (£2,500 in the case of goods vehicle drivers).

Experience suggests that until now the vast majority of people using phones when driving have in fact held them in their hand, and not taken advantage of the various hands-free options available. The legislation could therefore involve a major change in culture throughout the world of transport and mobile working.

According to the Freight Transport Association, the simplest test for the legality of using a mobile phone whilst driving is: "Can I make or receive calls without holding the phone in my hand?" The general understanding is that a hands-free alternative should solve the problem.

However, telematics system suppliers such as Volvo and on-board computer manufacturer Aplicom are urging users to take advantage of the interactive features of their systems to avoid the need to use mobile phones at all.

 

Typical is Cybit, which says it can now provide its Fleetstar-Online telematics solution with two-way communications to support a fully integrated voice and telematics approach. It says a simple push of a button opens up a voice link to the driver's control centre and permits the vehicle to receive incoming calls. Tracker, too, points out that its equipment can remove the need for making calls.

Some suppliers are issuing quite forceful warnings about using mobiles. Harry Thompson, managing director of telematics specialist RTL, maintains that any attachment that is not a permanent fitting inside the vehicle is "under threat." His own company's remedy is an arrangement that adds a microphone and speaker to the existing Aplicom F-Series vehicle computer used with its systems (more on this unit on page 30).

The Department for Transport advises that fleet management operators would be liable if they required their employees to use a handheld phone while driving, and could even be liable if they failed to forbid employees to use such phones on company business.

There are two basic kinds of hands-free system - one where the phone is plugged temporarily or permanently into an on-board loudspeaker system of some kind, and one where ear pieces are plugged into the phone and worn by the user. Both are expected to be allowed under the new law. In either case, there may also be a plug-in microphone, although the built-in microphones on many modern mobile phone handsets are sensitive enough by themselves to pick up speech when they are lying on a seat or slotted into a dashboard cradle.

Many suppliers offer either handset-specific or generic speaker units that simply plug into the phone and the vehicle's cigar lighter socket, and can be used in conjunction with a stick-on or screw-in bracket to hold the handset secure. Often these also charge the phone.

Significantly, the new law applies not just to mobile phones, but also to any similar handheld device "which performs an interactive communication function by transmitting and receiving data."

There is one exemption. A handheld phone may be used on the move to call the emergency services, providing there is a genuine emergency and it is unsafe or impractical to stop in order to make the call.

The FTA has drawn up guidelines for its members on the use of mobile phones in vehicles

• All company vehicles should be fitted with a hands-free kit. If employees have to use a vehicle without a kit (for instance, in a hire or courtesy vehicle), then they should be forbidden to use a company phone whilst driving. The phone should be switched off and messaging used.
• The use of personal phones should be forbidden when staff are driving a vehicle for business use.
• Employers and staff should avoid phoning each other if the message can be communicated by email (which should be retrieved daily).
• If the call cannot be avoided, the message must be brief and not involve passing any information that requires notes to be taken by the driver.
• If note-taking is unavoidable, the receiver of the call should be asked to switch to "messaging" for retrieval when convenient.
• If the driver feels it is inconvenient or difficult to take a call, then the phone should be switched off and messaging used.
• The driver should avoid making calls whilst driving. If it is felt necessary, then numbers should be pre-programmed into the phone before setting off and speed dialling used.
• Again if it is inconvenient then the driver should stop in a suitable place to make calls.
• Users may wish to pre-programme the phone to "auto answer" to make taking calls easier.