The Road Safety Act 2006 received Royal Assent last November which means it will be implemented in stages over the coming months and years. Some parts of it are already in force and have far reaching effects for all road users.
The Act is an attempt by the Government to reduce accidents and make the roads safer. It creates, amongst other things, a new offence of causing death by driving unlicensed, unqualified or uninsured. There is also an offence of causing death by careless or inconsiderate driving which is punishable by a maximum sentence of 5 years imprisonment. For the first time, criminal liability will attach to a driver's momentary lapse of attention where it causes the death of another person.
Other important changes which drivers need to be aware of include:
- An increase in the maximum penalty for careless driving from £2,500 - £5,000
- An extension to the range of penalty points for speeding
- Drink-drivers will not necessarily get their licence back following a period of disqualification.
- The penalty for using a hand-held mobile phone at the wheel will increase from a fixed penalty of £30 to a fixed penalty of £60 and will attract 3 penalty points.
Penalty points can mean an increase in your insurance costs and you don't have to be caught travelling just over the speed limit or using your phone many times before you face a driving ban of at least 6 months. In fact, if you accrue just 6 points in the first two years after passing your test you will lose your licence. If you are summonsed to Court for a driving matter which carries the possibility of disqualification, obtaining timely advice and representation from a lawyer specialising in road traffic matters could mean the difference between keeping your licence or losing it.
If you are an employer, you can be prosecuted if you require employees to make or receive mobile phone calls whilst driving. The new offence of corporate manslaughter is expected to become law next year and will focus attention on the health and safety obligations of employers. It is extremely important that employers familiarise themselves with the Road Traffic Act and implement company policies concerning the use of mobile phones and safe speeds.
If you require advice or representation in connection with any road traffic matter please do not hesitate to contact our team of qualified road traffic specialists, headed by Jeremy Scott on 01904 610886.
In most cases free initial advice can be given and we always offer transparency and certainty with regard to the likely costs of advice and representation.