Driving is one of the most dangerous activities your staff may partake in, whilst a business has an obligation to protect staff, all drivers have a personal responsibility for their own safety and the safety of others. The Gardaí will now be taking a significantly stronger approach towards drivers regarding the use of smartphones, especially when accessing email or text messages.
New regulations, signed by the Minister for Transport, Tourism and Sport, which came into effect from 1 May 2014, this makes it an offence to send or read a text from a mobile phone while driving a mechanically propelled vehicle in a public place. These regulations apply to mobile phones which are not being held, i.e. to hands-free devices. A 'text message' in these regulations includes an SMS or MMS message, or an email.
Current legislation already in place makes it an offence to HOLD a mobile phone while driving. Before now, the legislation has not applied to mobile phones NOT being held. It has also always been illegal not to have full and proper control over your vehicle when driving. It is not an offence to speak via a hands-free device. Nor does the legislation make it an offence to touch a button on a hand-free device (such as the steering wheel) in order to answer a phone call.
It always has been illegal to use a phone when driving unless it is connected to a hands free kit and you do not have to touch the phone to answer the call. Even then it should be for short calls (you should inform the caller you are driving and ask can you call them back) and you should try to pull over to a safe place to take the call.
The new Regulations are made under section 3 of the Road Traffic Act 2006. Section 3(8) specifies the penalty for offences under that Act, which is a fine not exceeding EUR2,000 on summary conviction.
Evidence shows that driver distraction is one of the major risk factors in causing road traffic collisions. Reading text messages, and especially composing text messages, makes drivers take their eyes and minds off the road, and can create serious risks. Companies should ensure they have a driver and vehicle policy, an occupational driving risk assessment and drivers are issued with handbooks or information which informs them of their obligations and the requirements of the driving policy.
From the Irish Times (see link)
The new rules, which come into effect from May 1st, mean anyone caught texting or “accessing information” on their phones will face a mandatory court appearance and a fine of up to €1,000 for a first offence.
This will rise to a maximum of €2,000 for a second offence, and a possible three-month jail sentence, along with a €2,000 fine, for three offences or more within a 12-month period.
“There will be no option to take the points,” a department spokesman said. “There is no grace period, you go straight to court.”
Mr Varadkar yesterday signed a new amendment to existing legislation into law, which brings the new measures into effect next month.
http://www.irishtimes.com/news/crime-and-law/drivers-caught-on-mobiles-to-face-1-000-fine-1.1759612
