Five years in prison for careless drivers who kill

National Newspapers August 17, 2008

Motorists who kill whilst avoidably distracted at the wheel - including using a mobile phone, drinking and eating - will face up to five years in prison under new careless driving laws which come into force on Monday (August 18).

The new offence of causing death by careless driving will, for the first time, allow courts to imprison drivers who cause deaths by not paying due care to the road, or to other road users.

It is designed to plug the gap in current legislation and so prevent drivers who kill walking away from court with just a fine.

Avoidable distractions which courts will consider when sentencing motorists who have killed also include applying make-up or anything else which takes their attention away from the road and which a court judges to have been an avoidable distraction.

The offence is designed to cover the scenario where the driving is not so obviously bad or risky as to fall into the category of dangerous driving, but nevertheless has fatal consequences. Causing death by dangerous driving carries a maximum 14-year jail term.

A second new law being introduced will penalise uninsured, disqualified or unlicensed drivers who kill and carries a maximum two-year jail term. Both offences are being introduced as part of the 2006 Road Safety Act. They come into force following guidance to courts published in July by the Sentencing Guidelines Council.

Prior to the introduction of these new laws, the maximum sentence for those convicted of causing death by careless, uninsured or unlicensed driving was a maximum £5,000 fine and penalty licence points.

Justice Minister Maria Eagle said: “Drivers who kill through carelessness will no longer be able to walk away from court with just a fine. Neither should uninsured or unlicensed drivers who deliberately flout the law. Driving requires full concentration at all times. A moment’s distraction can make the difference between life and death.”

The Ministry of Justice said it expected the new legislation to result in a custodial sentence being imposed in about 155 cases each year.

However, road safety charity Brake described the SGC’s guidelines as ‘woefully lenient’.

The Association of British Insurers says uninsured drivers are among the most dangerous motorists, being 10 times more likely to have been convicted for drink-driving.

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