The Department for Transport has ruled out a review of the law regarding the use of hands-free mobile phones while driving.

This is despite TRL research that found that 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.

As a result, fleet managers are advised to write into their policies that it is forbidden for their drivers to use hands-free phones while driving.

The reason for such a policy was reinforced follow the recent conviction of company director Lynne-Marie Howden for careless driving.

She was talking to a colleague on her hands-free phone when she crashed killing another motorist.

Many fleets have already banned hands-free phones while driving, including 3M and Luton Borough Council.

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.”

Meanwhile, ACFO is advising companies to document their policy and make sure drivers understand, and agree by its content.

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

David Faithful, legal adviser to RoadSafe, said: “It is not just drivers who could find themselves prosecuted as a consequence of a road crash.

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

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

For more information, visit www.riskinfleet.co.uk


Suggested wording for fleet operators regarding mobile phone policy

“The use of hand-held mobile phones whilst driving is illegal and expressly forbidden, as is the sending/typing and reading/receiving of text messages.

“The company does not require or expect you to use a mobile telephone whilst driving.

"The risk of accident is multiplied by the distraction that is caused whether hands-free or not.

"Drivers should plan their journey to take appropriate breaks and take that opportunity to deal with telephone calls.”

Source: Active Risk Management