Road User Amendment Rule 2009

Text-driving - a risky business

This means that using your cell phone or any other device such as an iPod while driving is not only unsafe for you and your employees, it is risky business.

Avoiding the distraction and being ‘hands free’ is now more important than ever – enabling safer drivers and more personal safety when you're on the move. 

Why? “Because the ‘traditional’ distractions, like talking to passengers, tuning the radio, smoking, eating etc, can be modified or reduced during dangerous or demanding traffic situations. For example, passengers are aware of the road environment and will generally let the conversation lapse during a dangerous or complicated driving situation, allowing the driver to concentrate fully on their driving. A person on the other end of a mobile phone, however, would not be aware of any potential hazards and will often continue to talk, distracting the driver at critical moments.” Source: www.landtransport.govt.nz

Defined further:

The definition of “mobile phone” is a “portable electronic device whose functions include being a telephone”. This includes PDAs and Smartphones like Blackberries and iPhones, which means that even an iPod playlist cannot be used while driving.

Blue-tooth and any other hands-free headsets in cars are allowed to be used by drivers.  The only requirement is that the hands-free kit does not require the pressing of more than one button to make, receive, or end a phone call.  The change does not affect the use of two-way radios. 

Following is a summary of the incoming changes concerning the use of mobile phones while driving.

1.  A driver cannot create, send or read a text message or email while driving.
2.  A driver cannot make, receive or terminate a telephone call on a hand-held mobile phone while driving.
3.  A driver cannot, while driving, use a mobile phone in any way except:
     (a) to dial 111 or *555 but only if it is unsafe or impracticable for the driver to stop and park  the vehicle to make the call;
     (b) if the phone is hands free and the driver is not required to hold or manipulate the phone to make, receive or terminate calls;
     (c) if the phone is fixed or mounted to the vehicle and the driver is only required to manipulate the phone "infrequently and briefly"; or
     (d) if the vehicle has stopped for any reason other than normal stop/start in traffic flow.

To comply with the amendment, employers should provide a hands free kit when purchasing a new cell phone for their employees. Most retailers now have package deals when purchasing a new mobile phone to include a hands free/bluetooth kit.

So how do we go about ensuring our employees are complying with the new rule if they are not hands free yet?

The most important tip is this:

• Don’t answer; pull over or turn off the phone when driving and remember:
• If you get caught text-driving, enforcement includes instant fines and demerit points
• It will affect your employees and possibly even impede on the day-to-day activities your business undertakes
• Avoid the curb and the risk of your business going in the gutter - get hands free.

Our advice is to act smart now. 

For comprehensive tips and advice visit NZ Land Transport Authority website

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