Welcome,

A quick update for you on the Land Transport (Road User) Amendment Rule 2009.

USE OF MOBILE PHONES WHEN DRIVING

As you will no doubt be aware it is now illegal as from 1 November for drivers, while operating a motor vehicle, to talk, email or send text messages on a handheld mobile phone in accordance with the Land Transport (Road User) Amendment Rule 2009. This is the general rule.

However, the change in law is not a total prohibition on a driver's use of a mobile telephone while driving a motor vehicle. Having taken into consideration occupations that require the use of a mobile phone while operating a motor vehicle, several exceptions to the ban have been included under this law.

The ban on the use of mobile telephones will not apply to employees in the following situations:

• A driver using a mobile telephone to make an emergency call (111 or 555) in a genuine emergency when it is unsafe or impractical to stop and park the vehicle;
• A driver who uses a mobile telephone that is secured in a mounting affixed to the vehicle and that does not require the pressing of more than 1 button to make, receive, or terminate a telephone call;
• A driver who uses a mobile telephone that is not secured in a mounting affixed to the vehicle but does not require the driver to hold or manipulate it to make, receive, or terminate a telephone call; and
• A driver who uses a mobile telephone when the vehicle has stopped, for a reason other than the starting or stopping of vehicles in the normal flow of traffic.

It is expected that drivers in breach of this new law will to be liable for a fine of $80 and 20 demerit points.

Employers should ensure they remind all employees that the employee is responsible or liable for any infringement incurred by them in respect to the inappropriate use of a mobile phone whilst driving a company vehicle. All liability and costs should rest with the individual employee.

It is suggested that employers should forward a reminder to all employees who drive company vehicles of the new rules (including the company’s mobile phone policy) and that employees are expected to adhere to the new laws applying to the use of mobile phones when driving a company vehicle.

Any failure by an employee to abide to the above (the new Land Transport [Road user] Amendment Rule 2009) may allow an employer to initiate disciplinary procedures (subject to employees receiving prior advice of the company’s position/rules etc).

Regards

PHA Consultants