Unlike the little boy in The Sixth Sense I don't see dead people--but I do see a lot of potential killers. I am, of course, talking about all those people who insist on driving their cars while constantly holding their mobile phones to their ears.

Things could be about to change though as, from 1 December 200, the Government will introduce new legislation that makes it illegal to hold your mobile phone while driving. If you need to press buttons on your phone then it must be fixed to a holder which should be securely fixed to some part of the car's interior and talking should be hands-free.

Under the Road Vehicles (Construction and Use) Regulations 1986, using a hand-held mobile phone while driving will result in offenders having to pay a 30 [pounds sterling] fixed penalty notice or a fine-on-conviction of up to 1000 [pounds sterling], or 2500 [pounds sterling] for drivers of goods vehicles and vehicles adapted to carry more than eight passengers. The Government is also attempting to make this an endorsable offence which means drivers could face a three-point penalty, if caught.

And, more importantly for all fleet managers, employers could be prosecuted if they are found to require their employees to use a hand-held mobile phone while they are driving! This is an important point that could lead to some interesting cases.

But the new law may not be enough to stop people using mobiles while driving. According to a survey carried out by Autotrader.co.uk among 18,000 drivers, 76% said they were happy to use a mobile phone while driving despite the fact that they acknowledge this is a dangerous thing to do. This is the kind of attitude that the Government and the police will have to fight if they are to enforce the new legislation.

The Carphone Warehouse launched a seven-figure campaign earlier this year in order to encourage motorists to 'Hang up or go hands-free' and estimates that 83% of UK drivers own a mobile phone. Of those drivers, while 88% are aware of the change in the law, only 6% have fitted in-car solutions.

"UK motorists are aware that the law is changing but most have not yet readied themselves for hands-free use," says Andrew Harrison, UK chief executive of The Carphone Warehouse.

This evidence is supported by research from the RAC which estimates that as many as three million motorists could break the law after 1 December. Its research shows that a fifth of the motorists who were aware of the change in the law were wrong in their knowledge of exactly what this would comprise.

While 1% thought that using a hand-held mobile would still be legal, 3% thought that cradling the phone between your shoulder and your ear would be acceptable! More importantly, 15% thought that investing in a simple earpiece and wire attached to the mobile would be legal despite the fact that you would still need to handle the mobile to operate it.

But, incredibly, 5% of those motorists who knew of the new law said they intended to do nothing about it and would continue to use their mobiles illegally!

"Our research makes worrying reading and suggests that further explicit guidance is required to ensure that motorists know what they face when the law is changed in December," says RAC spokeswoman Rebecca Bell. "It's estimated that 500,000 motorists are on the phone in their cars at any one time. By our estimation a good proportion of them--as many as 33%--will deliberately or inadvertently continue to break the law when the use of hand-held phones is prohibited."

Jeremy Hay, director of total vehicle risk management solutions company Risk Answers, adds: "No telephone call is so important for drivers to put themselves and other road users at risk."

The effectiveness of the new legislation on driver safety has also been called into question. Nigel Humphries, spokesperson for the Association of British Drivers, says: "You can't legislate people into being safe drivers. People must apply common sense and ideally be trained in the necessary driving skills in order to make our roads safer."

But it's not all bad news: Toad Group, a leading independent hands-free phone kit installer, has seen a tenfold increase in demand for new installations from fleet customers.

Paul Hughes, director of sales for Toad, says that some fleet operators have been concerned about the implications of installing equipment into leased vehicles or the logistics of bringing large fleets in line with legislation and minimising downtime.

He says: "We can install hands free kits using a no-drill technique and kits can be moved from vehicle to vehicle by our engineers. We have also introduced a home/work installation service whereby downtime is minimised as the installations can take place out of hours and at an employee's home."

Mobile headset manufacturer Jabra has also commissioned a survey with similar results. These appalled the company so much that it has produced a guide in conjunction with the Association of British Drivers, which explains the law in easy terms. The guide also offers tips for safer driving while using a mobile phone.

"We want the public to be prepared for 1 December," says Ben Bushell, Jabra's country manager, UK and Ireland. "We hope that the guide will allow people to make an educated decision when selecting a hands-free solution and use it in the safest way possible."

And at least one car manufacturer is doing its bit to help. Smart has joined forces with mobile phone giant Orange to build a car with integrated Bluetooth hands-free technology. This allows the driver to answer calls by simply pressing a button located near the rear view mirror. Outgoing calls are made using voice recognition technology--which means that you don't break the law by operating the controls of the phone manually.

Other vehicle manufacturers are offering solutions including fleet favourite Vauxhall which is offering customers a telephone pre-wiring option that can be carried out on the assembly line. This allows a hands-free kit to be fitted by a dealer while you wait.

While most experts agree that the new legislation is a step in the right direction there are those who are worried that other driving distractions have been ignored.

Stewart Whyte, director and membership secretary of the Association of Car Fleet Operators, says: "We remain concerned that mobile phones have been singled out for special attention, while smoking, eating, drinking or reading maps while driving all remain entirely subjective on the part of the officer who happens to see the action taking place."

* Next month Company Car will trial some of the hands-free kits available on the market

COPYRIGHT 2003 DMG World Media Ltd.
COPYRIGHT 2003 Gale Group