Mobile phones and driving is again a high profile issue on BBC TV today and is a subject I have long campaigned about due to risk to life and property by offenders.
As a TUC recognised Safety Rep (Unite – amicus section) I raised it at the HSE SERTUC Annual Safety Reps Conference to the HSE Chief Exec (Judith Hackitt) , Govt Safety Minister (Bill McKenzie) and the specialised lawyers (Thompsons). The law and sentencing is steadily becoming more consistent due to the influence of the Law Commission.
The background is even better. Prior to the new legislation I took the opportunity of raising the issues with the former Asst Commissioner of the Met Police (Tarique Gaffur) and Bromley Borough Commander (Charles Griggs) at the Bromley Community Engagement Forum AGM. As an AVIVA shareholder I raised the subject by invitation of the Group Company Sec at the AVIVA AGM and thus it is corporate record.
A paper was submitted in few weeks in advance and the response by the Chairman was stunning for all concerned. Lord (Colin) Sharman is a Lib Dem Spokesman in the House of Lords and the day before the AGM he had spoken in the Reading Debate on the Corporate Homicide and Corporate Manslaughter Bill, returning to the debate that afternoon after the AGM lunch.
The essence is that while some big businesses have acted accordingly many small and medium enterprises (SMEs) have not realised that the Corporate Homicide and Corporate Manslaughter Act (CHCMA) can be invoked on the Employer by an Employee driver committing an offence using a mobile phone, even hands-free kit, while driving. It is essential concerning EMPLOYERS LIABILITY that Employers include in DISCIPLINARY PROCEDURES that using a mobile phone of any kind whilst driving on business is a CATEGORY 1 OFFENCE subject to DISMISSAL.
The various scenarios of mobile phone usage at time of occurrence are:-
Police check point at road junctions - Likely charge DRIVING WITHOUT DUE CARE AND ATTENTION Fine and Driving Licence Penalty Points on conviction - employ at risk.
Occurrence with damage to third party property but no injuries - DRIVING WITHOUT DUE CARE AND ATTENTION Fine and Driving Licence Penalty Points on conviction - employ at risk.
Occurrence with damage to third party property and INJURY - COULD BE CARELESS OR DANGEROUS DRIVING Fine and Driving Licence Penalty Points or BAN on conviction - employ terminated
Occurrence causing FATALITY - DANGEROUS DRIVING almost certain charge IMPRISONMENT (usual tariff now 6 YEARS) and DRIVING BAN on conviction - employ terminated
Note that the DRIVING BAN has now been determined to apply AFTER release from prison whereas previously it was a nonsense as the driving ban ran concurrently to the prison sentence.
A driver on business committing the offence is personably liable as set out above. However, those acting concerning the FATALITY could raise a CORPORATE HOMICIDE and CORPORATE MANSLAUGHTER case against the EMPLOYER to test whether the Employer had taken EVERY REASONABLE PRECAUTION through clear DISCIPLINARY PROCEDURES and instruction for the use of vehicles on business (including own), otherwise it could appear the Employer condoned the use of mobile phones while driving as part of business practice for communication purposes. Several years ago before the laws were passed I raised the scenarios with the Senior Internal Auditor at Bromley Council who was horrified at the potential risk to the Council insurances by any offending employee.
This is definitely one for EGIS and the Underwriters. The big businesses will have protected themselves it is more likely that SMEs have not as it may have fallen under their radar.
What started many years ago as one of my personal campaigns as a Safety Rep has developed through several networks as indicated to become law and help to save life, limb and property.
Although there were no injuries and only damage to other vehicles, the case against Leader of the House, Harriet Harman MP will inevitably be a very closely watched test case.