I have a confession.
Yesterday I attended a Speed Awareness Course having been caught going (slightly) over the speed limit. I learnt a lot and appreciated the refresher in things I had forgotten about road safety.
One thing I found interesting was the amount of people on the course who spoke of intense pressure from their employers to get from A to B as part of their job (delivery drivers, care workers and transport workers) and that this was a factor in their speeding.
No one should feel under pressure at work to break the law and endanger life, particularly when those extra few seconds make little difference to an overall journey time.
It is also against the law for employers to call their employees whilst they are driving, requiring them to use a handheld mobile device.
In the UK, it’s illegal to use a handheld phone while driving, including making or receiving calls, texting, or taking photos. This law applies even if you’re stopped at traffic lights or in heavy traffic. Whilst you can use a hands-free device you must be able to use it without holding it at any point.
Hands-free access means using, for example:
- a Bluetooth headset
- voice command
- a dashboard holder or mat
- a windscreen mount
- a built-in sat nav
The device must also not block your view of the road and traffic ahead.
- Employers can be held liable
Employers can be held liable if they require employees to use handheld phones while driving. In a worst-case scenario, the directors of a business could be prosecuted for corporate manslaughter if a fatality occurs involving a driver who was using a mobile phone.
- Employers should have a policy
Employers should have a clear and up to date mobile phone policy that strictly prohibits the use of handheld phones while driving. The policy should also include other activities, such as texting, playing music, taking photos, and gaming.
- Employers should educate staff
Employers should ensure that all staff understand the policy and that line managers should not expect drivers to pick up calls or messages whilst they are driving. This policy must be fully implemented, including training at relevant intervals.
Employers should also consider that even if an employee is using a hands-free phone, they can still be prosecuted if they are not in proper control of the vehicle.
If an employee believes their employer is violating their right to disconnect or is exceeding working time limits, they can report the employer to the Health and Safety Executive (HSE).
If your business requires employees to drive as part of their job, or to take calls out of the office, do make sure you’re not going to fall foul of the law in this area. Give us a call if you need support with this, we’re here to help.
Our solicitors are always on hand to give you friendly, professional advice. Please contact Zoe on 0203 858 9765 or email zoe@mulberryssolicitors.com. Mulberry’s has offices in Brighton and London.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
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