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Scottish traffic commissioner gets tough on lorry & coach driver phone use

Joan Aitken threatens to pull licences of firms that call drivers

Road transport firms that call their drivers while they're behind the wheel will face stiff penalties, says the traffic commissioner for Scotland.

Alastair Dalton of The Scotsman reports that Joan Aitken last week told a Cycling Scotland conference her department would look into the operating licences of coach and lorry companies if they were found to have called their drivers.

Vehicle tracking systems and other technology should make it unnecessary for firms to call drivers on their mobiles, she said.

She also said she had used inquiry hearings into phone/driving  offences to ask families not to call drivers while they were at work.

Drivers found to have been on their phones were likely to have their operating licences suspended for up to six months, she said.

“If the call came from their operator, I will look at the firm’s operating licence if I do not believe there has been safe operating and ask what their policies are.”

She said that drivers of large vehicles had a huge responsibilty for safety.

“Professional drivers can be the kings and queens of the road, but if they are distracted the weight of their vehicle on cyclists, pedestrians, including children, can be catastrophic.

“The thrust of the message to employers is - organise a safe system of work and do not pile on the pressure on drivers to pick up on calls when it is not safe to do so.”

During last year's Road Safety Week, Brake called on employers to ban phone use (including hands-free) for employees driving on company time and tell staff to end calls with anyone who picks up while driving.

Reacting to Ms Aitken's comments James McLoughlin of Brake, said: “Companies that employ drivers can fulfil their safety obligations to staff and the public by instructing drivers to switch off their phones and put them out of reach.”

Research cited by Brake shows the harder you have to concentrate on a task, such as dealing with work-related calls, the slower your reactions. Talking on hands-free is therefore just as risky as hand-held, because it’s concentrating on the conversation that’s the main distraction.

Such distraction increases your risk of a crash in a similar way to drink-driving.

Neil Greig, the policy and research director of the Institute of Advanced Motorists, said of Ms Aitken's crackdown on phone use: “This is a great idea.

“All too often, drivers feel forced to make and take calls by their employers.

“The commissioner’s initiative means senior managers and directors will have take responsibility for their companies actions.

“The threat of loss of business is a real one that goes well beyond the traditional remedies if fines and [driving licence penalty] points.”

John has been writing about bikes and cycling for over 30 years since discovering that people were mug enough to pay him for it rather than expecting him to do an honest day's work.

He was heavily involved in the mountain bike boom of the late 1980s as a racer, team manager and race promoter, and that led to writing for Mountain Biking UK magazine shortly after its inception. He got the gig by phoning up the editor and telling him the magazine was rubbish and he could do better. Rather than telling him to get lost, MBUK editor Tym Manley called John’s bluff and the rest is history.

Since then he has worked on MTB Pro magazine and was editor of Maximum Mountain Bike and Australian Mountain Bike magazines, before switching to the web in 2000 to work for CyclingNews.com. Along with road.cc founder Tony Farrelly, John was on the launch team for BikeRadar.com and subsequently became editor in chief of Future Publishing’s group of cycling magazines and websites, including Cycling Plus, MBUK, What Mountain Bike and Procycling.

John has also written for Cyclist magazine, edited the BikeMagic website and was founding editor of TotalWomensCycling.com before handing over to someone far more representative of the site's main audience.

He joined road.cc in 2013. He lives in Cambridge where the lack of hills is more than made up for by the headwinds.

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22 comments

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kcr | 9 years ago
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"Lucky you"

Broken hand. Not my idea of lucky.

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A V Lowe | 9 years ago
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Joan is a feisty lady who has a reputation for spelling things out very clearly when she does keynote speeches, I've been impressed by both her and fellow commissioner Kevin Rooney (North Eastern Area) and from what I hear the Chief Commissioner Beverley Bell is equally robust.

The term 'tea & biscuits' is used by those on the receiving end of an invitation to discuss issues relating to their 'good repute' to operate commercial vehicles, and it is surprising what the Commissioners can do to get the bad drivers and operators off the road, provided they get the appropriate information.

I'd recommend trying to get a local Traffic Commissioner, or the DVSA examiners to give a presentation to any road safety group in your area. They have a surprising amount of intelligence that is used to target the vehicles and drivers most likely to be a danger on the road and can revoke the vocational classes of licence for drivers who fail the 'repute' test.

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Bigfoz | 9 years ago
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And compared to "down south" the roads are shocking up here, Drivers may not kill you, but the potholes will.

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kcr | 9 years ago
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from what I can tell, the Scottish police are also pretty keen to back cyclists up when there's an incident

Not in my experience. I was knocked off by a driver while cycling on a segregated cycle path. The police said it would be my word against his...
I just went down the insurance claim route instead, with British Cycling's excellent legal assistance.
If you move to Scotland looking for a safer cycling environment and a commitment to cycling safety, you are going to be very disappointed. The Scottish Government and local authorities talk a lot but are not doing anything significant.

This policy is a good move, but it's only tackling the tip of the iceberg when you look at the thousands of private drivers texting, talking and browsing the internet.

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Dnnnnnn replied to kcr | 9 years ago
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kcr wrote:

from what I can tell, the Scottish police are also pretty keen to back cyclists up when there's an incident

Not in my experience

Nor mine. If the grass is greener in Scotland, it's probably because it rains more.

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PonteD replied to kcr | 9 years ago
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I was basing this observation of lots of footage on YouTube with the cyclist stating the said driver was later charged by the police. Similar things in England just get ignored and excuses made for the drivers. the only ones from England that seem to result in police action are from solicitors and lawyers, basically the only people with enough clout to make sure the police do their jobs properly. Oh well, I won't be planning my move up north anytime soon then.

It am keen to know how kcr was involved in an accident whilst on a segregated path (whatever one of those is).

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kcr replied to PonteD | 9 years ago
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dazwan wrote:

It am keen to know how kcr was involved in an accident whilst on a segregated path (whatever one of those is).

A cycle path fully segregated from the road; i.e. not a cycle lane.
The motorist just drove out of his gate, over the path and hit me.

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oldstrath replied to kcr | 9 years ago
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kcr wrote:
dazwan wrote:

It am keen to know how kcr was involved in an accident whilst on a segregated path (whatever one of those is).

A cycle path fully segregated from the road; i.e. not a cycle lane.
The motorist just drove out of his gate, over the path and hit me.

Lucky you. I had one driving down the path straight at me this evening. Apparently the silly twit (!) "thought she'd turned onto the A9". I know our roads aren't that great, but I don't think any of the A9 is still singletrack. She didn't much appreciate having a full beam Strada shone in her face, but eventually accepted she might just be in the wrong place.

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KiwiMike | 9 years ago
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1. The idea of 'blocking' a call is not a starter - the interference with other legitimate mobile users around the vehicle would be untenable.

2. Phones could be fitted with apps that prevent their use when driving is detected through GPS speed and location. This would be very easy to do, especially for firms that issue devices or have corporate OS builds.

3. Passengers wouldn't be able to use their phones either, if this was the case. Possibly for company cars/phones, the app could only activate when paired with the car's bluetooth kit. i.e. it knows it's in a car that the phone's owner is going to be driving.

4. This wouldn't work for rental cars.

5. Basically, company policy should make it an instant dismissal offence for use of a mobile at the wheel.

6. Insurance companies should explicitly rule out cover for any collision where a mobile was in use at the time, hands-free, wired headset or in-hand.

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PonteD | 9 years ago
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At last some common sense politics. Can we now see firms getting large fines for drivers who are speeding and jumping red lights in company vehicles as well?

If the excuse from drivers is that their company puts pressure on them to get from A to B quicker than the speed limits allow, then the company should face massive fines as a result. The driver gets 3 points and £80, charge the company 10% of the employees annual earnings (let's include those bonuses, rather than the basic that reps work to). Pretty soon companies will start buying their reps cheap small cars incapable of speeding instead of overpowered German w**kermobiles.

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Grizzerly | 9 years ago
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If the very act of conversing is so distracting, perhaps carrying passengers should be banned.

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mrmo replied to Grizzerly | 9 years ago
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Grizzerly wrote:

If the very act of conversing is so distracting, perhaps carrying passengers should be banned.

And why do you think the school run is so f***ing horrific at times?

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harrybav replied to Grizzerly | 9 years ago
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Grizzerly wrote:

If the very act of conversing is so distracting, perhaps carrying passengers should be banned.

Passengers generally shut up when the driver approaches tricky junctions etc. People at far end of phone conversations don't.

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ironmancole | 9 years ago
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At last, someone in authority taking pro-active action and using their position to make a positive contribution to a massive problem.

Can we sack our 'road safety' person (do we even have one?) and recruit Joan?

Well done Joan, technology should and can easily be used to bring huge safety advances so hopefully this is the start of something to come.

If I can ride safely in Scotland think I'll move, the UK wants to kill its inhabitants.

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PonteD replied to ironmancole | 9 years ago
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ironmancole wrote:

If I can ride safely in Scotland think I'll move, the UK wants to kill its inhabitants.

from what I can tell, the Scottish police are also pretty keen to back cyclists up when there's an incident, unlike England, where we're made to feel like it's the cyclists fault for being in the way of the important car driver.

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oldstrath replied to PonteD | 9 years ago
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Conceivably it may be better up here. if it is, it must be truly shite in Englandshire! Our governing party has just rejected a proposal to support a presumed liability bill, they are spending money like water on road building, there is little or no attempt to control speeding ...

I'll grant you they are good at talking, but yer actual doing is pretty piss poor.

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hampstead_bandit | 9 years ago
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Just introduce a technology to block cell phone transmission in a vehicle with its engine running. In a true 999 emergency, the driver is stopped and calling from outside their vehicle?

What shocks me is every week I ride my road bike around the steep hills in NW London and I will overtake 1/2 mile of stationary cars waiting on a steep hill

Literally every other car (not hard to see whilst on a bike) has a driver using a mobile device (some even on large tablets) whilst driver has engine running, waiting on steep hill, its during school run time so numerous children crossing between these cars.....

...if the Police could be assed to walk up these streets they could nick 100+ motorists for cell phone use, but I guess the celebrities and politicians wives are not desirable targets for the Police  3

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I love my bike | 9 years ago
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If drivers & people in general had self control, having a switched on mobile phone in a vehicle shouldn't be a problem. Receive an emergency call when driving, pull over when safe to do so & then call back.

I nice photo of a truck in Washington - shame a British one wasn't used.

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daccordimark replied to I love my bike | 9 years ago
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I love my bike wrote:

If drivers & people in general had self control, having a switched on mobile phone in a vehicle shouldn't be a problem. Receive an emergency call when driving, pull over when safe to do so & then call back.

Exactly - not even a "family emergency" call has to be taken instantly.

One thing I do take issue with is the assertion that hands-free is no less dangerous than hand-held. It might be the same as far as concentration levels are concerned but when it comes to basic vehicle control it is better. Every time I've seen erratic driving in urban areas it's down to a driver attempting to hold a mobile 'phone whilst indicating, steering and changing gear at the same time. At least a hands-free kit lets you keep both hands on the wheel while you tell someone you're driving and you will call them back.

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harrybav replied to daccordimark | 9 years ago
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daccordimark wrote:

One thing I do take issue with is the assertion that hands-free is no less dangerous.. ..basic vehicle control it is better

The assertion is based on a study somewhere or other, Loughborough iirc. Basic vehicle control isn't actually the central danger here - wobbly drivers go slower, veer wider - the issue is driver comprehension times.

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kie7077 | 9 years ago
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So why not ban hands free for anything other than 999, that would be getting tough, the rest is hot air.

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mrmo replied to kie7077 | 9 years ago
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kie7077 wrote:

So why not ban hands free for anything other than 999, that would be getting tough, the rest is hot air.

HSE guidelines already do.

Feel a bit uncertain about this, if you are driving you should never answer the phone that is a given handheld or hands free makes virtually no difference. However there may be reasons why you get called, family emergency etc.

The problem with so many laws is they are knee jerk and badly worded which either catches things that they weren't meant to or they create loopholes.

Would say that if the government wants to get tough they need to look at company drivers and not just the trucks. Whilst a PSV or HGV runs on a Tacho, where are the restrictions on taxi's, minicabs, and reps?

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