A message from the Chief Executive on mobile phone use while driving
A number of years ago, the Traffic Commissioner for Scotland called the Moray Council to Public Inquiry following an incident which involved a driver of a refuse lorry using a hand held mobile phone whilst driving.
At that time, the Deputy Traffic Commissioner took particular issue with the fact that the driver was answering a call from his line manager on a work-related matter.
I have recently been made aware of a recent incident involving a Council driver using their own personal mobile phone on a personal matter and that this issue has been reported to the Traffic Commissioners Office.
The sanction for a driver caught using a mobile phone while operating an LGV or PCV is to receive a fixed penalty of £200 and six penalty points on their licence. In addition, the driver may be required to attend a driver conduct hearing. At this hearing, the Traffic Commissioner may also suspend their LGV/PCV driving entitlement for at least four weeks.
I therefore feel it prudent to reinforce the actions that were implemented following the outcome of the public enquiry and I would be obliged if you would ensure that within your areas of responsibility, the following actions are observed and implemented where appropriate:
- John Pearson, Fleet Services Manager and Transport Manager in terms of the Operator’s Licence & any nominated TM’s on the Councils Operators Licence, have delegated powers to initiate the disciplinary process in respect of any employee, of any department, whose conduct may have placed the Council in breach of its undertakings in terms of the Operators Licence.
- No calls are to be made to employees whose duties include driving on the employees’ own personal mobile phone in connection with their duties.
- Supervisors and all line managers of employees whose duties include driving duties are to receive instructions on the appropriate means of contacting those employees in connection with those duties. In particular, those instructions will include a risk assessment prior to any call being made.
I would also like to remind all staff, that it is illegal to use a hand-held mobile phone while driving, and even hands-free devices can cause distractions leading to accidents. Our safe driving policy prohibits the use of any mobile phone, whether hand-held or hands-free, while driving at work.
I have also asked that the Moray Council Safe Driving Policy is re–issued to all staff whose duties include driving. The key aims of this is to ensure that all employees or any other person or persons driving on behalf of Moray Council do so in a safe, reliable and responsible manner. Please ensure compliance with this policy.
To summarise, although using a phone whilst driving constitutes a criminal offence for the individual, the organisation may also be summoned to a public inquiry. Such an inquiry can have significant implications for the Councils Operator’s Licence and the responsible Transport Managers, potentially resulting in reputational harm, heightened regulatory scrutiny, and operational disruption.
Thank you for your cooperation,
Karen
Karen Greaves BEM
Chief Executive.