Using a hand-held phone whilst driving became illegal in 2003 but new figures announced by the Ministry of Justice show that more people than ever are being fined for talking on a mobile phone while driving, says Arval’s Mike Waters. Information released this week showed police in England and Wales issued 164,900 fixed penalty notices in 2006 – up 38,100 on the previous year.

More than 2000 drivers were fined by magistrates for mobile phone use, and one was prosecuted in crown court.

While it is reassuring the police are cracking down on offenders, the fact that the message doesn’t seem to be getting through to drivers is a real concern.

This new data supports a survey commissioned by Arval last year which showed that business drivers were also ignoring the law.

The extension of the 2006 Road Safety Act, which came into force in February 2007, not only increased the penalty for those caught using a handset whilst driving, but also determined that drivers can be fined even if they use a hands-free kit, if the vehicle is deemed to be ‘out of control’.

Companies must realise that the driver is not solely accountable for using a mobile phone. If they don’t manage their drivers closely they are opening themselves up to significant risk. If a business call to a driver is found to result in an accident, the company could be held legally responsible.

It is important to understand why drivers are continuing to use their phone behind the wheel. It may be that drivers are simply ignoring the law. But there is also a danger that companies are continuing to put pressure on staff to answer the phone while behind the wheel

At Arval our own fleet drivers are prohibited from using a mobile phone while driving, even if they are using a hands free kit.

While we understand that some fleets will not want to follow suit we always recommend that drivers take breaks when they can make calls and listen to messages. There really is no need for drivers to talk on a mobile phone while behind the wheel.

Further information

• See the Law & Tax article on The Law and mobile phones
• See also our Advice Centre article on Using a mobile phone and the Road Safety Act