SENDING text messages on a mobile phone while driving is illegal.

Recently a woman driver was found guilty of causing death by dangerous driving. According to north-west law firm, Stephensons Solicitors, she was sentenced to 21 months’ imprisonment having crashed and killed another driver.

During her journey she had sent and received several text messages – although her 21 month sentence reflected the fact that the woman had not been using the phone at the time of the accident.

Despite these dangers and deterrents, time pressures brought on by the recession are impacting on business car driver behaviour. And businesses that encourage such behaviour could be fined up to £20,000.

Car lease firm ING found that 39% of company car drivers it had surveyed had texted or emailed behind the wheel.

Diarmuid Fahy, head of risk at ING Car Lease was shocked by the findings: “These are a cause for concern and are far worse than I thought they would be. It is clear that the recession has had an impact on driver safety by adding greater pressure to drivers to perform a number of tasks at once.

“Regardless of business performance, the one thing that should not be compromised is safety and it is just as important now as ever to make sure drivers and businesses have safety front of mind. Driving should not be looked upon as spare time; it needs full concentration to ensure maximum safety.”

While talking on a hand-held mobile phone is illegal, using a hands-free unit is not.

However, research by TRL has proved that talking on a hands-free phone is more dangerous to concentration levels than being over the drink-drive limit. Reaction times can mean it takes 8m further to stop when compared to normal conditions – equivalent to two car lengths.

The law and mobile phones

• Using a hand-held mobile is liable to a £30 fixed fine rising to £1000 on conviction.
• Causing death by not paying due attention – such as texting behind the wheel – is punishable by up to five years in prison.
• Business director Lynne-Marie Howden was recently fined £2000 and was banned for a year for careless driving after killing another driver. She had been involved in conversations on her hand-held mobile phone.
• Businesses that encourage – or take a lax attitude to health and safety to driving on business – can now be prosecuted under the Health and Safety Offences Act 2008. Fines can be as high as £20,000.

Further information

Read the Editor’s Blog How fit are you to drive?

See our Law article The law and mobile phones

Read the story on Lynne-Marie Howden Director banned and fined after phone-driving crash

See also Jail or £20k fine for health and safety law breakers

Texting while driving is on the rise among business drivers