4.35 Safe Driving

You are expected to keep your automobile in a properly maintained and safe operating condition at all times. You are responsible for damage or injury caused while driving. It is your obligation to drive in a safe, responsible, and alert manner. This is especially true if you have clients in your car. Under State and Federal law, drivers are generally prohibited from using a wireless telephone (must be a hands-free cell phone), and from reading, writing, or sending a text message while driving. Cell phones can be a distraction; do not become distracted while driving.

As real estate professionals, we all work out of our cars a great deal of the time. Since instant communication with our clients, other licensees, and various vendors is so critical to making sales happen, we also use phones, especially cell phones, a great deal of the time. The combination of cars and cell phones, however, can be deadly – for you, for your clients and for others. Our brokerage has, therefore, established the following policy for all salespersons and employees, which we hope will minimize the dangers that can result when cell phones are used while driving:

1. When initiating calls, pull over and stop your car before dialing.

2. When receiving calls, pull over and stop your car before answering. Most cell phones have a means of accessing the phone number of the last caller, so you won't have to write down the caller's phone number or worry about missing a call.

3. If you absolutely must converse on your cell phone while driving, follow these tips to increase safety:

   1. Use a hands-free device. Currently, this means either an earphone or speaker device. Place the phone where you can see it without diverting your eyes from the road for any longer than necessary.

   2. Program emergency and frequently-called numbers into your phone.

   3. Practice using your cell phone so you know how to use the hands-free devices, memorized numbers, and other features without taking your eyes from the road.

   4. If your phone has voice activation, which allows you to initiate calls to pre-programmed numbers by saying a word or two, use it.

   5. Keep conversations as brief as possible. There is nothing wrong with telling a caller that it is not safe to talk and drive right now and that you will call him/her back as soon as you can do so safely.

   6. Drive in slower lanes and increase the distance between your car and the one ahead so you'll have more time to react to problems that may occur.

   7. Don't try to take notes regarding the conversation.

   8. Don't engage in complex discussions that divert your attention from road and traffic conditions.

   9. Don't answer the phone if it rings when you are in a traffic situation where your safety could be compromised. Most phones have voicemail and you can return calls once you are stopped and in a safe place.

   10. Never forget that safe driving is your first priority!