Prison to follow for careless drivers who kill
Any death is a tragedy and has a devastating effect on the family of the victim. The driver concerned is invariably remorseful, and it can be especially difficult for the driver to deal with the knowledge that they have caused a death.
Since the 18th August 2008 a provision in the Road Safety Act 2006 has been in force which increases the penalty for Causing Death by Careless Driving. This provision will have far reaching consequences for those unfortunate to be charged with it. The offence carries a maximum penalty of 5 years imprisonment. Previously the maximum penalty was a fine.
Careless driving doesn’t need to involve a prolonged period of bad driving or even speeding, even a minor lapse of concentration whilst driving can be sufficient for the offence to be charged.
Guidance published in July this year, for Road Traffic Offences, creates standard Sentences for the Courts to pass. The purpose is to provide consistency. The
Courts are required to follow the guidelines. If they fail to follow them, reasons need to be given.
The combination of these changes and the consequences that can flow from them are far reaching. The Sentencing Guidelines Council makes it clear that even for a momentary lapse in concentration the Court will consider, as a starting point, a Community Order (Probation or Community Service). If an avoidable distraction, such as mobile phone use, is involved the starting point will be Custody.
The new Act also has provision for those who kill whilst driving without insurance. Even if the driver is not at fault the offence carries up to 2 years imprisonment.
Whilst some of the provisions will be welcomed, it will create a further concern for drivers and employers alike.
Company car drivers will need to make sure they are insured and have a safe means to use a phone, if this is necessary.
Company owners, and those that provide Company cars, will need to make sure that staff comply with all relevant statutory procedures and are aware of the need for a safe system of work. Employers could be vicariously liable for the unlawful act by a member of staff.
We don’t make the following suggestion for our benefit, as we don’t undertake this type of work. It may benefit all employers to review Employment Contracts or have an additional policy drafted to cover this situation.