City College Plymouth
POLICY STATEMENT
Policy Title: USE OF MOBILE PHONES WHILST DRIVING
Scope
This policy applies to all staff in the College
Statement
The College is committed to ensuring its staff do not place at risk their own or
others safety by using mobile phones by driving and comply with all
appropriate legislation concerning the same.
Key Points
All staff are reminded that:
They are under no obligation to make or receive telephone calls while
driving.

Hand-held mobile phones should never be used while driving.

Mobile phones should be switched to voicemail or the call divert facility
used when the user is driving.

Emergency calls only should be made / received when on the move.

Whilst they may use professionally fitted hands-free kits with phone
cradles there remains a risk of prosecution for careless or dangerous
driving if it can be shown that the driver was distracted and not in
proper control of the vehicle.

They should only make or receive calls, or check messages, - even
with a hands free phone - when they are safely parked away from the
road.
Reason for policy

It is an offence to use a hand-held mobile phone or any other device
whilst driving1. This includes making calls or text messaging.

Offenders will be subject to an automatic £60 fine and 3 penalty points
endorsable on licence.
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
Fines can be increased to a maximum of £1,000 if the matter proceeds
to Court.

The definition of driving includes situations where the vehicle is
stationary, but the engine is still running

Hands-free equipment is not prohibited by the Regulations, provided
the phone can be operated without holding it in any way. However,
hands-free phones are distracting and drivers can still risk prosecution
for failing to have proper control of a vehicle 2 if they use the same
whilst driving. If there is an incident, the use of any phone or similar
device may also justify charges of careless or dangerous driving.
Author(s):
Enquiries to:
Legal & Risk Officer
Legal & Risk Officer
Road Vehicles (Construction And Use) (Amendment)(No 4) Regulations 2003
Regulation 104 of the Road Vehicles (Construction and Use) Regulations 1986
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POLICY GUIDANCE
Policy Title: USE OF MOBILE PHONES WHILST DRIVING
Context
This policy supports the standards and practices identified in the College
Mission Statement, College Charter and Strategic Plans. It identifies the
College’s commitment to fulfilling the requirements of
Supplementary Documentation
External:



Road Vehicles (Construction And Use) (Amendment)(No 4)
Regulations 2003
Regulation 104 of the Road Vehicles (Construction and Use)
Regulations 1986
Health and Safety at Work etc Act 1974
Implementation
The Director of Finance and Resources is responsible for the implementation
and monitoring of this policy
The processes involved will include:
Changes in policy communicated to staff via the Staff Bulletin and College
Management Policies and procedures plus information and guidance for staff
placed on the intranet.
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POLICY CONTROL
Policy Title: USE OF MOBILE PHONES WHILST DRIVING
Author(s):
Approving Body:
Legal & Risk Officer
Senior Management Team
Monitoring Officer:
Review & Evaluation Body:
Director of Finance & Resources
Senior Management Team
Monitoring, Review and Evaluation:
This policy will be monitored and reviewed through the Senior Management
Team.
Dates of review:
Issue Date
First Review
Next Review
1
2
September 2005
September 2007
September 2008
Road Vehicles (Construction And Use) (Amendment)(No 4) Regulations 2003
Regulation 104 of the Road Vehicles (Construction and Use) Regulations 1986
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