Five College Risk Management : No Cell Phones While Driving

No Cell Phones While Driving

Use of Cell Phones is Prohibited While Driving College Vehicles Or While You are Driving on College Business.

College Policy: If the driver must use a cell phone while driving on College Business, or while driving a College owned vehicle, s/he must stop safely, secure the vehicle and then make or take the call. There are NO exceptions, including hands-free phones. This applies to everyone: employees, students and volunteers.

There are a few basic reasons for this policy: (1) your personal safety; (2) the safety of others on the road – drivers and pedestrians; and (3) the College can be held liable for your accident.

There are two dangers associated with driving and cell phone use. First, drivers must take their eyes off the road while dialing. Second, people can become so absorbed in their conversations that their ability to concentrate on the act of driving is severely impaired, jeopardizing the safety of vehicle occupants and pedestrians. Since the first law was passed in New York in 2001 banning hand-held cell phone use while driving, there has been debate as to the exact nature and degree of hazard. At first safety experts focused on the problem as part of the larger one of driver distractions in general. These can include anything that reduces driver concentration on road hazards from drinking coffee to talking with another passenger. Now there is increasing evidence that the dangers associated with cell-phone use outweigh those of other distractions. Safety experts also acknowledge that the hazard posed by cell phone conversations is not eliminated, and may even be increased, by the use of hands-free sets.

Recent Developments & Studies

Motorists who use cell phones while driving are four times as likely to get into crashes serious enough to injure themselves, according to a study of drivers in Perth, Australia, conducted by the Insurance Institute for Highway Safety. The results, published in July 2005, suggest that banning hand-held phone use won't necessarily improve safety if drivers simply switch to hands-free phones. The study found that injury crash risk didn't vary with type of phone.
A government study, released in June 2005, indicates that the distraction of cell phones and other wireless devices was far more likely to lead to crashes than other distractions faced by drivers. Researchers for the Virginia Tech Transportation Institute and the National Highway Traffic Safety Administration (NHTSA) tracked 100 cars and their drivers for a year and concluded that talking on cell phones caused far more crashes, near-crashes and other incidents than other distractions.
Many studies have shown that using hand-held cell phones while driving can constitute a hazardous distraction. However, the theory that hands-free sets are safer has been challenged by the findings of several studies. A September 2004 study from the NHTSA found that drivers using hand-free cell phones had to redial calls 40 percent of the time, compared with 18 percent for drivers using hand held sets, suggesting that hands free sets may provide drivers with a false sense of ease.
A study from the University of Utah published in the winter 2004/2005 issue of Human Factors, the quarterly journal of the Human Factors and Ergonomics Society, found that motorists who talked on hands-free cell phones were 18 percent slower in braking and took 17 percent longer to regain the speed they lost when they braked. An earlier University of Utah study by the same researchers found that drivers talking on hands-free cell phones were less likely to recall seeing pedestrians, billboards or other roadside features.
A study published in the March 2003 issue of The Journal of Experimental Psychology: Applied, found that the distraction risk is as high for drivers who use hands-free cell phones, as for drivers who use hand-held devices.
State and Federal Initiatives: The number of state legislatures debating measures that address the problem of cell-phone use while driving and other driver distractions continues to rise. According to the National Conference of State Legislatures, over two-thirds of states looked at bills that would restrict the use of cell phones while driving in the first part of 2005. Four states -- Colorado, Delaware, Maryland and Tennessee -- banned their use by young drivers in 2005. In May, the city of Chicago banned the use of hand held cell phones while driving; imposing penalties of $50 or $200 (the latter if the driver is involved in an accident).
In October 2005 a Connecticut law banning the use of hand-held cell phones while driving went into effect. The measure goes further than some similar laws in other states and municipalities. Drivers in Connecticut can be fined $100 not only for using a cell phone, but those pulled over for speeding or other moving violations can be fined for other driving distractions such as putting on makeup or turning to discipline children in the back seat. In January 2004 New Jersey passed a bill prohibiting the use of cell phones while driving and in April of that year the District of Columbia (DC) followed suit. In New Jersey fines range between $100 and $250; in DC fines are $100. New York was the first state to enact such legislation in 2001. Drivers there face fines of $100 for the first violation, $200 for the second and $500 thereafter.
In June 2003 federal and state highway safety agencies issued new guidelines for reporting crashes caused by distracted drivers. The authorities are asking police across the nation to note whether a driver was distracted and the source of the distraction, such as cell phone, radio, passenger, or another vehicle.

Businesses

Businesses are increasingly prohibiting workers from using cell phones while driving to conduct business. In July 2004, the California Association of Employers recommended that employers develop a cell phone policy that requires employees to pull off the road before conducting business by cell phone.

Court Decisions

In December 2004 a civil case involving a car crash caused by a driver using a cell phone for business reasons was dismissed when the driver’s employer, Beers Skanska Inc., agreed to pay the plaintiff $5 million. The plaintiff in the case being heard in Georgia’s Fulton County Superior Court was severely injured in the crash. The suit is among the most recent of several cases where an employer has been held liable for an accident caused by a driver using a cell phone. See background section on Employer and Manufacturer Liability.
In mid-October 2004 in the case of Yoon v. Wagner a Virginia jury awarded $2 million in damages to the family of a young girl who was killed by a driver using a cell phone at the time of the accident. The plaintiff also filed a suit against the driver’s employer after it became clear through an examination of phone records that the driver had been talking to a client when she hit the girl.
The State of Hawaii agreed to pay $2.5 million as its share of liability for an accident involving a state employee who was talking on her cell phone when she hit a man, causing permanent brain damage.

BackGround

Cell phones play an integral role in our society. However, the convenience they offer must be judged against the hazards they pose. Inattentive driving accounted for 6.4 percent of crash fatalities in 2003 — the latest data available — according to the U.S. Department of Transportation. Inattentive driving includes talking, eating, putting on make up and attending to children. Using cell phones and other wireless or electronic units are also considered distractions.

As many as 40 countries may restrict or prohibit the use of cell phones while driving. Countries reported to have laws related to cell phone use include Australia, Austria, Belgium, Brazil, Botswana, Chile, the Czech Republic, Denmark, Egypt, Finland, France, Germany, Greece, Hungary, India, Ireland, Israel, Italy, Japan, Jordan, Kenya, Malaysia, the Netherlands, Norway, the Philippines, Poland, Portugal, Romania, Russia, Singapore, the Slovak Republic, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Taiwan, Turkey, Turkmenistan, the United Kingdom and Zimbabwe. Most countries prohibit the use of hand-held phones while driving. Drivers in the Czech Republic, France, the Netherlands and the United Kingdom may use cell phones but can be fined if they are involved in crashes while using the phone. Drivers in the United Kingdom and Germany also can lose insurance coverage if they are involved in a crash while talking on the phone.

The distractions associated with cell phone use while driving are far greater than other distractions. Conversations using a cell phone demand greater continuous concentration, which diverts the driver’s eyes from the road and his mind from driving.

Although only a handful of high-profile cases have gone to court, employers are reasonably concerned that they will be held liable for accidents caused by their employees while driving and conducting work-related conversations on cell phones. Under the doctrine of vicarious responsibility, employers may be held legally accountable for the negligent acts of employees committed in the course of employment. Employers may also be found negligent if they fail to put in place a policy for the safe use of cell phones. In response, many companies have established cell phone usage policies. Some allow employees to conduct business over the phone as long as they pull over to the side of the road or into a parking lot. Others have completely banned the use of all wireless devices.


Risk Mgmt Home Faculty/Staff Information Student Risk Information Policies & Procedures Insurance Third Party Forms	No Cell Phones While Driving Use of Cell Phones is Prohibited While Driving College Vehicles Or While You are Driving on College Business. College Policy: If the driver must use a cell phone while driving on College Business, or while driving a College owned vehicle, s/he must stop safely, secure the vehicle and then make or take the call. There are NO exceptions, including hands-free phones. This applies to everyone: employees, students and volunteers. There are a few basic reasons for this policy: (1) your personal safety; (2) the safety of others on the road – drivers and pedestrians; and (3) the College can be held liable for your accident. There are two dangers associated with driving and cell phone use. First, drivers must take their eyes off the road while dialing. Second, people can become so absorbed in their conversations that their ability to concentrate on the act of driving is severely impaired, jeopardizing the safety of vehicle occupants and pedestrians. Since the first law was passed in New York in 2001 banning hand-held cell phone use while driving, there has been debate as to the exact nature and degree of hazard. At first safety experts focused on the problem as part of the larger one of driver distractions in general. These can include anything that reduces driver concentration on road hazards from drinking coffee to talking with another passenger. Now there is increasing evidence that the dangers associated with cell-phone use outweigh those of other distractions. Safety experts also acknowledge that the hazard posed by cell phone conversations is not eliminated, and may even be increased, by the use of hands-free sets. Recent Developments & Studies Motorists who use cell phones while driving are four times as likely to get into crashes serious enough to injure themselves, according to a study of drivers in Perth, Australia, conducted by the Insurance Institute for Highway Safety. The results, published in July 2005, suggest that banning hand-held phone use won't necessarily improve safety if drivers simply switch to hands-free phones. The study found that injury crash risk didn't vary with type of phone. A government study, released in June 2005, indicates that the distraction of cell phones and other wireless devices was far more likely to lead to crashes than other distractions faced by drivers. Researchers for the Virginia Tech Transportation Institute and the National Highway Traffic Safety Administration (NHTSA) tracked 100 cars and their drivers for a year and concluded that talking on cell phones caused far more crashes, near-crashes and other incidents than other distractions. Many studies have shown that using hand-held cell phones while driving can constitute a hazardous distraction. However, the theory that hands-free sets are safer has been challenged by the findings of several studies. A September 2004 study from the NHTSA found that drivers using hand-free cell phones had to redial calls 40 percent of the time, compared with 18 percent for drivers using hand held sets, suggesting that hands free sets may provide drivers with a false sense of ease. A study from the University of Utah published in the winter 2004/2005 issue of Human Factors, the quarterly journal of the Human Factors and Ergonomics Society, found that motorists who talked on hands-free cell phones were 18 percent slower in braking and took 17 percent longer to regain the speed they lost when they braked. An earlier University of Utah study by the same researchers found that drivers talking on hands-free cell phones were less likely to recall seeing pedestrians, billboards or other roadside features. A study published in the March 2003 issue of The Journal of Experimental Psychology: Applied, found that the distraction risk is as high for drivers who use hands-free cell phones, as for drivers who use hand-held devices. State and Federal Initiatives: The number of state legislatures debating measures that address the problem of cell-phone use while driving and other driver distractions continues to rise. According to the National Conference of State Legislatures, over two-thirds of states looked at bills that would restrict the use of cell phones while driving in the first part of 2005. Four states -- Colorado, Delaware, Maryland and Tennessee -- banned their use by young drivers in 2005. In May, the city of Chicago banned the use of hand held cell phones while driving; imposing penalties of $50 or $200 (the latter if the driver is involved in an accident). In October 2005 a Connecticut law banning the use of hand-held cell phones while driving went into effect. The measure goes further than some similar laws in other states and municipalities. Drivers in Connecticut can be fined $100 not only for using a cell phone, but those pulled over for speeding or other moving violations can be fined for other driving distractions such as putting on makeup or turning to discipline children in the back seat. In January 2004 New Jersey passed a bill prohibiting the use of cell phones while driving and in April of that year the District of Columbia (DC) followed suit. In New Jersey fines range between $100 and $250; in DC fines are $100. New York was the first state to enact such legislation in 2001. Drivers there face fines of $100 for the first violation, $200 for the second and $500 thereafter. In June 2003 federal and state highway safety agencies issued new guidelines for reporting crashes caused by distracted drivers. The authorities are asking police across the nation to note whether a driver was distracted and the source of the distraction, such as cell phone, radio, passenger, or another vehicle. Businesses Businesses are increasingly prohibiting workers from using cell phones while driving to conduct business. In July 2004, the California Association of Employers recommended that employers develop a cell phone policy that requires employees to pull off the road before conducting business by cell phone. Court Decisions In December 2004 a civil case involving a car crash caused by a driver using a cell phone for business reasons was dismissed when the driver’s employer, Beers Skanska Inc., agreed to pay the plaintiff $5 million. The plaintiff in the case being heard in Georgia’s Fulton County Superior Court was severely injured in the crash. The suit is among the most recent of several cases where an employer has been held liable for an accident caused by a driver using a cell phone. See background section on Employer and Manufacturer Liability. In mid-October 2004 in the case of Yoon v. Wagner a Virginia jury awarded $2 million in damages to the family of a young girl who was killed by a driver using a cell phone at the time of the accident. The plaintiff also filed a suit against the driver’s employer after it became clear through an examination of phone records that the driver had been talking to a client when she hit the girl. The State of Hawaii agreed to pay $2.5 million as its share of liability for an accident involving a state employee who was talking on her cell phone when she hit a man, causing permanent brain damage. BackGround Cell phones play an integral role in our society. However, the convenience they offer must be judged against the hazards they pose. Inattentive driving accounted for 6.4 percent of crash fatalities in 2003 — the latest data available — according to the U.S. Department of Transportation. Inattentive driving includes talking, eating, putting on make up and attending to children. Using cell phones and other wireless or electronic units are also considered distractions. As many as 40 countries may restrict or prohibit the use of cell phones while driving. Countries reported to have laws related to cell phone use include Australia, Austria, Belgium, Brazil, Botswana, Chile, the Czech Republic, Denmark, Egypt, Finland, France, Germany, Greece, Hungary, India, Ireland, Israel, Italy, Japan, Jordan, Kenya, Malaysia, the Netherlands, Norway, the Philippines, Poland, Portugal, Romania, Russia, Singapore, the Slovak Republic, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Taiwan, Turkey, Turkmenistan, the United Kingdom and Zimbabwe. Most countries prohibit the use of hand-held phones while driving. Drivers in the Czech Republic, France, the Netherlands and the United Kingdom may use cell phones but can be fined if they are involved in crashes while using the phone. Drivers in the United Kingdom and Germany also can lose insurance coverage if they are involved in a crash while talking on the phone. The distractions associated with cell phone use while driving are far greater than other distractions. Conversations using a cell phone demand greater continuous concentration, which diverts the driver’s eyes from the road and his mind from driving. Although only a handful of high-profile cases have gone to court, employers are reasonably concerned that they will be held liable for accidents caused by their employees while driving and conducting work-related conversations on cell phones. Under the doctrine of vicarious responsibility, employers may be held legally accountable for the negligent acts of employees committed in the course of employment. Employers may also be found negligent if they fail to put in place a policy for the safe use of cell phones. In response, many companies have established cell phone usage policies. Some allow employees to conduct business over the phone as long as they pull over to the side of the road or into a parking lot. Others have completely banned the use of all wireless devices. 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