Chain of Responsibility Update : Hands-free Legislation Needed for Commercial Vehicles

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A case is currently underway in The USA, involving The Coca Cola Company who is being sued after a driver caused a crash while talking on his mobile phone.

According to our own Department of Transport four deaths between 2009 and 2012 were related to mobile phone use while driving.

So the question remains why hasn’t more attention been paid to the need for legislation demanding the compulsory standard fitment of hands-free devices in commercial vehicles?

Trucks and heavy vehicle drivers are on the road most of the day, which means that in order to stay in touch they will use their mobile phones more than other drivers who only spend a fraction of the time commuting. Also the dangers involved when a truck crashes are greater than those of smaller vehicle crashes and can affect more people.

While talking on a mobile phone and driving at the same time is illegal, an alternative needs to be provided to enable truck drivers to obey these rules. While some new vehicles do come with mobile devices it is not standard in every vehicle.

A post by Australasian Transport News reports:

With Australia boasting tough laws prohibiting the use of handheld telephones while driving, the question remains why hands-free devices are not standard fit to all new commercial vehicles either by choice or regulation.

In the UK, police officers are riding in heavy trucks to identify handheld mobile phone use and other offences by truck drivers as it allows them to see into cabins at driver level.

News that the US recently enacted legislation banning the use of handheld phones in trucks only adds to the need for standard hands-free equipment, whether it is a Bluetooth type or a plug-in cradle.

Global beverage giant Coca Cola was in court in the US recently, being sued for US$21 million after one of its drivers was found to have caused a crash while talking on a mobile phone, despite a company policy requiring drivers not to use hand held telephones.

With virtually all mobile phones now including Bluetooth as standard, it is probably easier to go down the wireless path, with cradle mounts usually dedicated to a specific make and model of telephone, particularly the connecting plug.

This is especially problematic if drivers use their own phones, with no guarantee all models will be identical, where at least company-owned equipment will tend to be the same across all drivers.

While the majority of new commercial vehicles offered in Australia are offered with hands-free telephone connections, not all of these are standard fitment.

This puts drivers at risk of receiving traffic infringements if they answer a phone call while driving.

Technical Officer for the Truck Industry Council (TIC) Simon Humphries says TIC encourages safety technologies in commercial vehicles, and this would include hands-free connections.

“We support the adoption of safer technologies and we know most of our members offer hands-free connections as either standard or as an option,” Humphries says.

Source: http://www.fullyloaded.com.au/technical-news/articleid/79566.aspx

What does current legislation state? According to The Department for Transport:

In South Australia, Rule 300 (Use of Mobile Phones) under the Australian Road Rules details what is and isn’t legally acceptable use of a mobile phone while driving.

 Rule 300 states that:

 •If a person wishes to make or receive a call, including dialing a number, and needs to touch any part of the phone to do so, that phone must be mounted (in a mounting commercially designed and manufactured for that purpose).

 •If the phone is being used via blue tooth, a headset or earphones without touching, holding or resting the phone on their body, the phone may be located anywhere in the vehicle, including in the driver’s pocket or pouch they are wearing (the driver may touch the earpiece or headphone to operate the phone).

 •The amendment will not affect the driver’s freedom to hold the phone to make or receive calls, or use any other function of the phone, if the car is parked (but not stationary in a traffic queue or at lights).

 •It is an offence to create, send or look at a text, video message or email on a mobile phone.

Source: http://www.dpti.sa.gov.au/roadsafety/Safer_behaviours/inattention/mobile_phone_use

The dangers of mobile phone usage are that it slows drivers reaction time, impairs visual search patterns and ability to maintain speed and position on the road. Drivers are also preoccupied which results in the inability to judge safe gaps in the traffic and awareness of fellow road users.

According to statistics using a mobile phone while driving can increase the risk of crashing by four times.  Operators and drivers need to be aware of the serious consequences of talking while driving and should voluntarily fit hands-free devices into their vehicles, however government needs to pay more attention to the issue and review whether legislation is needed to curb this disturbing trend.

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