Making the use of hands-free mobile phones while driving illegal, could make life easier for fleet operators managing risk, according to ACFO.

But, while evidence mounts against the use of hands-free devices, the Department for Transport (DfT) has ruled out a review of the law.

TRL research revealed using a hands-free mobile phone while driving is more likely to lengthen reaction times than having 80mg of alcohol in the bloodstream – the current UK limit.

And the recent conviction of company director Lynne-Marie Howden for careless driving has again reignited the debate.

She was talking to a work colleague on her hands-free phone when she ploughed into a car in the oncoming lane killing the other driver.

“Prior to this case, there was certainly a strong argument for saying that no phones, hands-free or otherwise, should be allowed in company vehicles,” said Marcus Noble, managing director of Active Risk Management.

“Now companies will have to think long and hard whether they allow hands-free phones and under what circumstances.”

A number of fleet managers have voluntarily adopted policies banning the use of hands-free phones while driving.

Public and private sector organisations, including 3M and Luton Borough Council have introduced such schemes.

But, Steve Critchley, circulation director at NWN Media, said a change in the law would make it more “black and white” in terms of liability.

ACFO chairman Julie Jenner added: “It would make it easier for fleet operators to be able to use the law to impose a total ban on the use of mobile phones in cars and personally I wouldn’t be surprised if this is indeed the next step.”

However, with no new legislation in the offing, ACFO advises that companies should document their policy and make sure drivers understand, and agree by its content.

But worryingly 62% of respondents to the Fleet News online poll said they were not confident their fleet’s risk policy would stand up to a police investigation.

And more than three-quarters of British firms have no formal monitoring process for their employees driving on company business, according to software and services company Civica.

David Faithful, legal adviser to RoadSafe, said: “Best practice should mean that the use of any mobile phone is banned while driving.”

And, he warned: “It is not just drivers who could find themselves prosecuted as a consequence of road crash caused as a result of a distracting phone conversation.

“If the conversation is work-related then their employer’s mobile phone policy will be examined by crash investigators.

“If there is no policy or it is not being managed effectively then the company could also be charged with offences.”

Had the Howden crash occurred after the introduction of the Corporate Manslaughter and Corporate Homicide Act in April 2008, then prosecutors may have considered pressing charges under that law.

Government guidelines issued by the Health and Safety Executive – Driving at Work: Managing Work Related Road Safety (INDG382) – detail the necessary steps employers need to take to comply with all work related driving.

For all you need to know about risk management, attend the Managing Risk in Fleet conference in Reading on April 2.