More Severe Sentences for Mobile Phone Users
Jan 1, 2010
New guidelines from the Criminal Prosecution Service state drivers who are dangerously distracted by using a mobile phone when driving should be charged with dangerous driving. The penalty for this offence is a maximum of two years in prison, more severe than the penalties for a “careless driving” offence in previous sentencing guidelines.
Most drivers convicted of using a mobile phone when driving will face a fine and penalty points but these new guidelines present the option of more severe penalties when driving performance falls below what is expected of a careful and competent driver. This means that even if a driver is using a hands- free device, they can still face prosecution if the distraction of the call leads to dangerous driving.
Employers should remind employees who drive on business of the company’s policy with regard to mobile phone use and the potential consequences of breaking the law. Companies should not pressurise drivers into receiving or making calls when driving and implement policies such as diverting calls to voice mail when driving and taking regular breaks from driving to rest and pick up messages.
