Legal

The Road Safety Act received Royal Assent on 08 November 2006 and introduces some significant changes and additions to motoring legislation.

Certain sections of this Act are now in force, whereas others have yet to be introduced and will therefore not yet affect drivers.

IN FORCE

Causing Death by Careless or Inconsiderate Driving

This highly controversial addition to the law creates a new criminal offence of causing death by careless or inconsiderate driving.

Section 20 of the Road Safety Act creates this new offence by inserting a new section; s2B into the Road Traffic Act 1988 [LINK to http://www.opsi.gov.uk/acts/acts2006/ukpga_20060049_en_3#pb7-l1g20 ]

This offence will be triable in either the Magistrates' Court or the Crown Court . The penalty for this offence can be up to 12 months imprisonment and/or a fine of up to £5,000.

Therefore where an accident resulting from a momentary lapse in concentration occurs and a death results, the defendant may well be sentenced to a period of imprisonment.

This offence carries a mandatory ban and endorsement of between 3-11 penalty points.

Essentially this change in law puts each and every driver in danger of imprisonment and being labelled a criminal from what may be a terrible tragedy, but an accident nonetheless.

A full and proper preparation of the case is essential. All facts must be fully reviewed and the scene of the accident examined. Expert legal representation is critical to defend allegations brought under this new law.

Causing Death by Driving: Unlicensed, Disqualified or Uninsured Drivers

A more serious view is taken in respect of drivers who were unlicensed, disqualified or uninsured at the time the death was caused.

This new law is created by Section 21 of the Road Safety Act which introduces section 3B into the Road Traffic Act 1988 [LINK to http://www.opsi.gov.uk/ acts/acts2006/ukpga_20060049_en_3#pb7-l1g21 ]

On conviction, the defendant may be sentenced to 12 months imprisonment in the Magistrates' Court and/or a fine of up to £5000 or 2 years in the Crown Court and/or a fine of up to £5000

This offence carries a mandatory ban and endorsement of between 3-11 penalty points.

Use of a mobile phone

Driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device is now an offence. On conviction, the motorist will be liable to an endorsement of 3 penalty points or a discretionary ban and a fine of up to level £1,000. [LINK http://www.opsi.gov.uk/acts/acts2006/ukpga_20060049_en_4#pb8-l1g26 ]

Increases in penalties

For an offence of careless and inconsiderate driving the maximum fine has increased from £2,500 to £5,000

For a second conviction within 3 years of using a vehicle in a dangerous condition , the court must now impose an obligatory disqualification.

For failing to stop when required by a constable , the maximum penalty has increased from £1,000 to £5,000.

NOT YET IN FORCE

Speeding

The range of penalty points which may be given for speeding will be extended by s17 Road Safety Act [LINK to http://www.opsi.gov.uk/acts/acts2006/ukpga_20060049_en_3#pb6-l1g17 ]from 3-6 or a fixed penalty of 3 points to a range of 2-6 penalty points.

The effect of this will be to provide a graduated level of fixed penalties.

However the new legislation, when in force, will allow police officers to decide how many points should be imposed for an offence (for example if the police have stopped a speeding vehicle). Of course this may lead to cases where officers impose more points than they should have done and accordingly lead to challenges in Court.

Breach of requirements as to control of vehicle

Part of this section (relating to use of mobile telephones) is already in force. When the remainder of the section becomes operative law, it will be an offence to do anything which " as to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead". [LINK http://www.opsi.gov.uk/acts/acts2006/ukpga_20060049_en_4#pb8-l1g26 ]

This law will be of major significance to the motorist as it will mean that prosecutions will regularly be brought against persons alleged to be smoking, eating or drinking whilst driving.

The penalty will be an endorsement of three penalty points or a discretionary ban and a fine of up to £1,000.