New Laws, What You Mustn’t Do Whilst Driving!

Saturday, 2. August 2008

The Sentencing Guideline Council who advise magistrates and judges as to the recommended maximum term felons should face if committed for particular crimes have issued new guidlines for the the newly established crimes of causing death by dangerous driving and causing death by careless driving. The new laws and associated prison sentences cover such things as momentarily looking at a map, adjusting their sat-nav and talking on a hands free phone, each of these will result in a maximum of a three year jail sentence. On the other hand talking on a hand held phone or prolonged reading or sending of texts would represent a ‘gross avoidable distraction’ resulting in prosecution for causing death by dangerous driving and a possible maximum 7 year sentence. Things like adjusting the radio, hands free phone or sat-nav are considered ‘ordinary avoidable distractions’ which carry the lesser 3 year maximum sentence. Some believe that this has not gone far enough. Brake Chief Executive, Mary Williams said that these are innadequate maximum penalties for taking a life and unlikely to make drivers pay closer attention to what they are doing when driving. The guidelines also set out tougher penalties for those drivers without insurance who cause a death on the road. A particular mention was made of grey fleet drivers who use their own cars for business use but don’t insure for this purpose. The guidelines state that where death results from an offence involving unlicenced, disqualified or uninsured cars the maximum sentence is 2 years. This may also be passed on to the employer if he has not been seen to take adequate steps to ensure that the car and the driver are both road legal. By Graham Hill