Motoring Discussion > Hands free phones Legal Questions
Thread Author: TheManWithNoName Replies: 6

 Hands free phones - TheManWithNoName
I'm unsure if its an official policy where I work ( I must check) but some staff in the office will refuse to speak to customers who phone us whilst driving even if they are on a hands free phone. We always insist they pull over or call back when safe to do so.
This has often led to arguments with the callers who get annoyed when the staff member says they can be held personally responsible if the driver crashes whilst on the phone to the office.

To me it makes sense to ask the driver to stop, especially since we usually require some form of account number to verify the identification of the caller and this number only appears on paperwork we send. If a driver has that with them and reads it whilst driving then that is deemed a risk.

I've read the basics on a government website but I can't see anything which renders the recipient of the call liable should the driver crash whilst on the phone to our staff.
 Hands free phones - Zero
Its covered by H&S legislation. Everyone has a responsibility to perform a risk assessment and act in a safe manner. Your company has to back your employees up in this matter, until they risk assess the situation and provide guidance or mitigation.
 Hands free phones - PeterS
I took a customer services call from Audi not tha long ago; when I answered I was asked if I was driving. I was, and was using an Audi bluetooth kit, but even so the rep wouldn't continue the call - said it was Audi policy not to continue calls when the other party was driving, even if they were using a hands free kit. I can kind of see their point, but think I'd be frustrated if I'd instigated the call and they wouldn't continue. Interestingly the service department at the Audi dealer is happy to take calls from me when I'm obviously in the car..
 Hands free phones - Haywain
Before retirement, the company I worked with provided a hands-free kit for the phone. In the light of more recent information, however, I believe that calls when driving are forbidden. I can understand that policy - it IS a distraction.
 Hands free phones - Bromptonaut
As a Civil Servant my dept's rules are to take basic details handsfree and call back later when parked. Seems fine to me but can see temptation in commercial environment where income depends on instant response.
 Hands free phones - Ted

I never speak on the phone when moving. It's usually the fleet manager to give me a job and he knows that I'll ring him back within minutes.

I'm usually around the city so it's no problem to pull up or nip into a side street and stop. Even on the motorway round here there's always a junction within ten minutes.

Ted
 Hands free phones - No FM2R
I use a hands-free car kit all the time. Aside from quite happily using it when moving at speed, it also stops me killing myself out of boredom when in a traffic jam.

I pull over if I have to take notes though.
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