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New Hands Free Law: Mobile Workers Proceed with Caution

By Mike Hedge, Parrot

As of today, July 1, 2008, all Californians will be required by law to use a hands-free device while driving and talking on the phone.

Back in September 2006, Governor Schwarzenegger signed SB 1613, officially known as the California Wireless Telephone Automobile Safety Act, a bill that requires drivers to use hands-free devices while talking on a mobile phone in a moving vehicle. Under the law, infractions are considered a primary offense - which means a police officer can pull a driver over for using a cell phone without a hands free device.

What does this mean for business owners with a mobile workforce?

While maintaining road safety is every driver’s responsibility, employers must be aware that they could potentially be held liable for accidents caused or contributed to by an employee using a mobile phone for business purposes.

Recent survey findings show that the majority of drivers in California and Washington talk on their cellular phone on average about an hour a day, one quarter of their daily drive time, and primarily for non-urgent matters. Employers unaware of a law may not escape liability for violating that law merely because they were unaware of its content. If you provide your employees with a mobile phone, or if mobile phone use is part of their job, then you could potentially be held liable for problems created by your employee's use of mobile phones while driving or otherwise working.  Even if employees are not officially on company business, and in some cases not even making a business call, you may still be held liable if an accident involves a mobile phone that you have provided.

Bottom line, if your employees need to stay connected for work, they need to do it safely.

Educate your work force by posting new laws and encouraging strict policies and procedures regarding mobile-phone use that promote driver safety at all times. Simple messages like a sticker on the back of the company phone that reads “Be Responsible, Pull Over” and providing your staff with hands free devices can go a long way in ensuring your mobile workforce stays safe on the road.

Even though there is no guaranteed defense to liability in any situation, having a mobile phone policy and notifying your staff of the new laws is a proactive measure that can likely save you money and a lot of headaches.

10 SAFE DRIVING TIPS

According to a recent study by the CEA, the typical American spends nearly 17 hours a week in his/her vehicle. By adopting the following Safe Driving Practices, you may be able to reduce potential distractions while driving

1. Buckle safety belts and adjust mirrors and seats to the desired position before you begin driving.
2. Set up your preferred music source, such as scanning radio stations, inserting CDs or connecting your MP3 player, while you are at a complete stop. 
3. Consult maps or digital GPS units before you begin your trip, or when possible, have a passenger use the guides and help navigate.
4. Keep music and hands-free phone conversations at a reasonable volume, so you can still hear and react to outside noises, such as sirens.  Never drive with dual headphones or ear buds, which can block out all outside sound.
5. Avoid eating, applying makeup, and sending text messages while driving.
6. Do not try to alleviate an upset child or unmanageable passenger while driving; pull over to remedy the situation.
7. Never let pets roam free in the car; secure them in crates or kennels, and if possible, belt them in.
8. If you need to access an object on the ground or back seat, always pull over to a safe location before diverting your eyes from the road.
9. Be cognizant of adverse weather conditions that may affect road conditions.  Take extra precaution to scan the road, and leave more space between your car and those around you.  Trust your instincts and pull over if weather conditions make you feel uncomfortable; it’s never worth the risk.
10. Use a hands-free device so you can keep both hands on the wheel.

Ultimately, the safest measure is to avoid phone calls while driving or pull over to a safe location to make or take a phone call.

Visit: www.parrotsafedriving.com