December 21, 2007
Motorists will face tougher penalties for driving misdemeanour's ranging
from using mobile phones to splashing pedestrians, under new guidelines
published yesterday.
Using a mobile, sat-nav or MP3 player while at the wheel could send
drivers to prison for up to two years.
But they could also be fined up to £2,500 for driving through a puddle and
splashing pedestrians or for failing to dip headlights.
In future a range of misdemeanour's will be treated as dangerous driving,
which carries a two-year maximum prison sentence, rather than careless
driving, which can be dealt with only by a community order or fine.
The policy outlined by the Crown Prosecution Service could also mean that
motorists in England and Wales who cause death on the roads face life
imprisonment.
The new detailed guidance, first announced earlier this year, will make
clear that prosecutors should consider manslaughter charges for the worst
cases of death by dangerous driving.
Sir Ken Macdonald, QC, Director of Public Prosecutions, said in September
when announcing the policy change: “We accept that in cases where there
is clear evidence that danger has been caused by their [mobile phone] use
– such as texting while driving – then our policy should spell out that the
starting point for charging will be dangerous driving.”
Current guidelines say manslaughter is “very rarely appropriate” in road
death cases but the change will mean alternative charges could be
brought.
Someone who has killed on the roads could be charged with manslaughter
as well as causing death by dangerous driving, for example, leaving a jury
open to return the lower charge if they find manslaughter has not been
proved.
Rob Gifford, executive director of the Parliamentary Advisory Council on
Transport Safety, told the BBC Radio 4 Today programme: “It’s not every
single driver using a mobile phone while driving who faces jail, it’s those
few drivers whose behaviour leads them to have a crash when they are
using a mobile at the same time.
“What people are being reminded of is that driving is a complicated
activity and it is better to concentrate on driving than talking.”
Sheila Ranger, head of campaigns at the RAC, said: “This is for people
who are doing the most outrageous acts on their phone. We still see
terrible crashes where people have been texting, driving into the back of
stationary queues because they haven’t seen them.”
Jools Townsend, head of education at Brake, the road safety charity, said:
“We welcome these new prosecution guidelines, which recognise that using
a mobile while driving is an incredibly dangerous act. Too many people
are still flaunting the law and endangering lives by using their mobile
behind the wheel.”
Points
Dangerous driving
Maximum penalty of up to two years’ jail
— racing or competitive driving
— reading a newspaper
— sudden change of lane
Careless driving
Penalty points, £2,500 fine, possible ban
— tuning the radio
— lighting a cigarette, if avoidably distracted
Inconsiderate driving
Penalty points, community £2,500 fine
— driving a bus in a way that alarms passengers
— driving with lights on full beam
— driving through a puddle, splashing pedestrians
Source: Times Online
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