This document covers the Transport Executive’s policy and also offers guidance on mobile phone use in cars whilst driving. Mobile phone use includes (for example) making and receiving calls, reading and sending text or visual messages, etc.
Employees are discouraged from using phones whilst driving or contacting those they know to be driving. From the 1 December 2003 it is illegal to drive and use the phone without a hands free kit being fitted to the car. The agreed Transport Executive policy is that employee’s are NOT to make or receive calls without use of a hands free kit and even then employee’s will avoid making any calls or responding to non-essential calls whilst driving. Ideally mobile phones should be switched off and/or diverted so that messages can be taken and calls made when the journey is completed or the vehicle legally and safely parked.
No line manager shall require an employee to make calls on any mobile phone, or to receive calls on a hand-held mobile phone whilst driving.
Drivers of vehicles being contacted on hands-free mobile telephones must inform the caller that they are driving and the call should be kept as short as possible and avoid involving the driver in arguments or entering into intense conversation.
This policy sets out the circumstances by which employees are provided with a hands-free kit for work purposes.
In some instances and for emergency/urgent operational reasons some Transport Executive employees will need access to a phone whilst driving, therefore in a limited number of cases hands-free kits will be provided by the Transport Executive, in accordance with set out criteria agreed by the Human Resources and Standards Committee, and as amended from time to time. Hands free kits are provided for receiving calls of an emergency/urgent nature and therefore should not be used to make general calls whilst driving. The presumption is that even with a hands-free kit fitted, employees are discouraged from taking unnecessary calls; instead they are encouraged to find a safe place to pull over and stop driving and then take/return the call. This applies equally to both company and private mobile phones or calls whilst on work business. The criteria says:
Hands-free kits will be provided for employees in receipt of an Essential Car User allowance which has been given for emergency response reasons.
If employees have not been issued with a company mobile phone then a hands-free kit will not be provided.
The Human Resources and Standards Committee has approved a limited number of posts as being eligible for provision of hands-free kits. All further posts will require the relevant Management Board attendee to submit a report providing justification for approval by the Human Resources and Standards Committee and confirming that the post meets the above criteria relating to the need to respond to an emergency(e.g. to direct operations in accordance with the Transport Executive’s emergency procedures, respond to critical incidents at or to the Transport Executive’s assets, etc), the post has Essential Car User status and the report must weigh the driving risks against the risk to the Transport Executive of missing or delaying receiving calls. Even if a post is approved for a hands-free kit, then it is for the individual to weigh the risk of taking any call whilst driving, mindful of the prevailing conditions. Indeed use of hands free kits may not avoid a driver from prosecution for dangerous driving.
The failure of employees to comply with this policy and the Transport Executive's policy on telephone use may result in Disciplinary Action being taken on the grounds of Health and Safety. The only exception is for calls to 999 (or 112) in response to a genuine emergency where it is unsafe or impractical to stop.
For and on behalf of UNISON
------Date------
UNISON Branch Chair
For and on behalf of South Yorkshire Passenger Transport Executive
------Date------
Passenger Services Director
Agreement Reference: P29 (Dec 2004)