MPs are urging that motorists should face tougher medical tests to prove whiplash injuries in order to reduce fraudulent claims.

Claims management companies and no-win, no-fee lawyers are apparently exploiting the subjective nature of such injuries causing a rise in claims and corresponding rise in motor insurance premiums.

MPs are also urging the insurance industry to look into other practices which are pushing up the cost of premiums, for example the practice of passing on to claims management companies the details of drivers involved in accidents. The MPs report said that the rise in personal injury claims, most of which were for whiplash injuries, was “the main reason for the rise in premiums”.

The report is reflected in a survey carried out by LV= car insurance ( GPs report rise in attempted fraudulent personal injuries) which reports that up to 60% of GPs had observed a rise in the number of patients attempting to make fraudulent claims for road injuries in the past two years, with over half of all GPs having been contacted by claims companies in the last 12 months asking to buy patient details and a total of 29,000 GP hours wasted every month by claims companies and people making up or exaggerating injuries.

The Government has announced that it is to establish a panel to look at the possibility of introducing a new law against taking drugs and driving. The panel will look at a number of relevant aspects including:

• how an offence of this sort could be defined,
• whether levels for the impairing effects of specific drugs can be determined,
• which different drugs have what effect and how this would vary for those who are habitual users,and
• the interaction between alcohol and drugs.

The panel, whose remit will be to provide scientific, evidence-based advice as opposed to policy or legal advice, is to be set up by the Department for Transport (in conjunction with Home Office and Department of Health) and will comprise academic and scientific experts in the field of alcohol and drug misuse.

Although it is possible for a motorist to be charged with being unfit to drive through drugs, difficulties in proving this mean that there are very few prosecutions with evidence being needed that a person’s driving ability was impaired.

At Keep Me Driving we are often approached by clients who have mistaken the speed limit in a particular area or vehicle. We have drawn up the table below to clarify the speed limits on various roads for different classes of vehicle.

Speed Limits are set by the Road Traffic Regulation Act 1984, the maximum speed at which a vehicle can travel is dependent upon the road concerned and the type of vehicle.

If a road has a system of street lighting placed not more than 200 yards apart, that road (in the absence of other speed signage) is deemed to be a restricted road and the limit is 30mph. Where there is no system of lighting in place (or the lights are more than 200 yards apart), the speed limit is deemed to be declassified (and therefore the speed limit as defined in the table below applies). Alternatively, a speed sign can set the speed limit in those areas, provided it meets the correct signage requirements (a lengthy and complex issue which requires considerable legal consideration).

The table below therefore sets out the speed limits for roads which have no speed limit signage and are not deemed to be restricted roads (i.e. with a system of street lighting no more than 200 yards apart).

A motorway is defined by start and end signs (blue background with white two lane road with bridge over the top).

A dual carriageway is not necessarily one with multiple lanes (e.g. overtaking lanes on a usual single carriageway, often on an uphill stretch). In order to be classified as a dual carriageway, the traffic moving in opposite directions must be separated by a central reservation.

13 April 2011

Local authorities are being urged by Regional and Local Transport Minister Norman Baker to consider the use of permit schemes that help to reduce the disruption caused by road works.

Road works permit schemes give councils more power to coordinate road works and once a scheme is in place utility companies and local authorities must abide by strict conditions including time limits, coordination or the amount of road space to be left available to road users during the works.

Anyone who breaks the terms of their permit or works without a permit could be prosecuted and face a fine of up to £5,000.

The letter sent to councils today also outlines plans to make the permit scheme application process less bureaucratic and costly by allowing councils to introduce schemes without needing to seek approval from central government.

Norman Baker said:

“Some road works are necessary to keep vital infrastructure running but they should be managed so that the public aren’t constantly inconvenienced.

“That is why I have written to councils today urging them to develop permit schemes to help them co-ordinate works and reduce the hassle and frustration caused by road works.

“We are also working to make it easier for councils to use the powers at their disposal to cut road works disruption by cutting the red tape they need to get through to put permit schemes in place.”

13 April 2011

A package of measures to tackle drink and drug driving has been announced by Transport Secretary Philip Hammond.

Improved testing equipment to detect drink and drug drivers will be given the green light and key changes made to streamline enforcement of both offences.

The Government will also examine the case for a new specific drug driving offence – alongside the existing one – which would remove the need for the police to prove impairment on a case-by-case basis where a specified drug has been detected.

The measures are set out in the Government’s response to the North Report on Drink and Drug Driving, which was published last year.

The prescribed alcohol limit for driving will not be changed, with the focus instead on improving enforcement and education to tackle the drink and drug drivers who put lives at risk.

Philip Hammond said:

“Drink and drug driving are serious offences and we are determined to ensure they are detected and punished effectively.

“It is just as dangerous to drive impaired by drugs as alcohol so we need to send a clear message that drug drivers are as likely to be caught as drink drivers and that drug driving is as socially unacceptable as drink driving has become. That is why we will approve drug-testing devices and change the law to speed up the testing process, ensuring the police can bring drug drivers to justice.

“The number of drink driving deaths has fallen by more than 75% since 1979. But drink driving still kills hundreds of people so we need to take tough action against the small minority of drivers who flagrantly ignore the limit. Their behaviour is entrenched and after careful consideration we have concluded that improving enforcement is likely to have more impact on these dangerous people than lowering the limit.

“We are therefore taking forward a package of measures which will streamline enforcement, helping the police to target these most dangerous offenders and protect law-abiding road users.”

On drink driving the Government will:

• revoke the right for people whose evidential breath test result is less than 40% over the limit to opt for a blood test (the ‘statutory option’). The breath testing equipment used in police stations is now very accurate and technically sophisticated so a blood sample is not needed to confirm the breath test. The need to organise a blood sample can mean that drivers who were over the limit when breath tested have fallen below the limit by the time their blood sample is taken – removing the statutory option will eliminate this loophole;
• introduce a more robust drink drive rehabilitation scheme, so that we can require those drink drivers who are substantially in excess of the limit to take remedial training and a linked driving assessment before recovering their licence;
• approve portable evidential breath testing equipment for the police – this will speed up the testing process and free up police time.
• close a loophole used by high risk offenders to delay their medical examinations;
• streamline the procedure for testing drink drivers in hospital.

On drug driving the Government will:

• approve preliminary drug-testing equipment – initially for use in police stations, and at the roadside as soon as possible. The Home Office is currently testing six drug-testing devices and hopes to be able to take decisions on type-approval by the end of June;
• allow custody nurses to advise the police whether or not a suspected driver has a condition that may be due to a drug. This will remove the need to call out police doctors and so speed up the testing process – ensuring that drug drivers do not escape punishment because a doctor is not available and also freeing up police time;
• examine the case for a new specific drug driving offence – alongside the existing one – which would remove the need for the police to prove impairment on a case-by-case basis where a specified drug has been detected.

The full response to the North Report, which also includes the Department’s response to the Transport Select Committee’s report on the same subject, can be found at www.dft.gov.uk/pgr/roadsafety/drivinglaws/.

14 February 2011

The DVLA, in conjunction with the Motor Insurers’ Bureau (MIB) and the British Insurance Brokers Association (BIBA), is reminding drivers that a new law to be rolled out in late Spring will mean that they must keep their vehicle insured unless they have notified the DVLA that is it is being kept off the road.

Information about the new law is being distributed with all V11 tax renewal forms from March in addition to the guidance and video available now on Direct.gov.

David Evans, DVLA’s Corporate Affairs Director, said:

“We know that uninsured drivers are a menace on our roads and add around £30 to honest motorists’ premiums.

“It is vitally important that motorists understand the change and how it will impact on them. That is why we have added new information today to Direct.gov which offers clear advice to help motorists understand the new rules.”

Neil Drane, MIB’s Head of Motor Insurance Database Services said:

“The change in law is a stepping up of enforcement activity, so that not only those vehicles driven without insurance will be caught. Now the registered keeper must make sure that their vehicle is insured all the time. And if it is, then they need not be concerned. The DVLA and MID will be systematically checked, so that the levels of uninsured driving are reduced even further.”

Graeme Trudgill, BIBA’s Head of Corporate Affairs said:

“Continuous Insurance Enforcement will help reduce the £500 million burden on innocent motorists caused by uninsured drivers, vehicle keepers should ensure they stay insured or SORN their vehicle if it is laid up, vehicle keepers can always check at www.askmid.com or speak to their insurance broker or company if they have any doubt.”

For more information go to www.direct.gov.uk/en/Motoring/OwningAVehicle/Motorinsurance/DG_186696?pro=stayinsured

14 February 2011

The Parliamentary Under Secretary of State for Transport has today announced the Government’s plans for reforming the Blue Badge (Disabled Parking) Scheme.

The measures will help those who rely on Blue Badges for mobility reasons and will tackle rising levels of fraud and abuse – ensuring both that badges are issued more fairly and that the scheme remains sustainable in the long term for those who rely on it most.

The hope is that the reforms will be delivered as soon as possible, and many within a year. The Government wants to ensure that the scheme focuses better on those whom it was intended to benefit and targets those people who misuse and abuse it to the disadvantage of genuine badge holders.

Despite helping over 2.5 million disabled people in England to retain their independence the scheme has operated largely unchanged since it was established in the 1970s. However, having listened to the views of badge holders, the general public, disabled people’s groups and local authorities, the Government has concluded that the scheme needs to be modernised to reduce current problems and deal with future challenges.

Amongst other changes which are planned is a system to ensure that badges are issued more fairly and consistently across the country which will use independent mobility assessments to determine eligibility, including where previously that assessment was carried out by a GP. To support this, local authorities will be given control of the current National Health Service spend on Blue Badge assessments. In addition, new good practice guidance will be issued to local authorities to help them make improvements in scheme administration and eligibility assessment.

The Government will also extend the eligibility for a badge to some other people, to address current anomalies and issues of fairness. Eligibility is being extended to more disabled children between the ages of 2 and 3 with specific medical conditions and we are providing continuous automatic entitlement to a badge to severely disabled service personnel and veterans. We also intend to remove residency requirements for disabled service personnel and their families who are posted overseas on UK bases. This will enable them to apply for a badge.

To help cover costs more appropriately and to enable the delivery of a new badge design and the common service improvement project, we are raising the maximum fee for a badge that local authorities can charge from the £2 that it has been for nearly 30 years, to £10. The average benefit for badge holders from having a badge (and not having to pay parking charges) is estimated to be £300 over the three years for which most badges are valid. In return, badge holders will benefit from less abuse, improved accessibility and better customer services.

11 February 2011

The DVLA is warning the public to watch out for emails claiming to be from DVLA asking them to verify your driving licence details via an online link. They state that it is a scam. The DVLA has not sent any such email and anyone receiving it should delete it immediately.

The scam email is as follows:

From: DVLA

Subject: Update Your License Details

We are currrently upgrading our database and all drivers are required to update and verify there driver’s license details.To complete your license verification with us, you are required to fill out the form in the link below.

{Fake link}

Drivers that refuses to upgrade his or her details within two weeks of receiving this verification email will lose his or her driver’s License and will have to take a fresh driving test.

We sincerely apologise for any inconviniences this might have caused you.

Thank you for your co-operation.

(c) Driver and Vehicle Licensing Agency Swansea SA6 7JL

14 February 2011

The Government has announced a consultation which outlines proposed arrangements for devolving responsibility on the classification of local roads.

The Department of Transport intends to increase the freedom of local authorities to set roads classifications and routes on the primary route network, and to reduce its role to guidance and appeals cases.

This consultation also outlines existing policy on elements of the strategic road network; streamlines data reporting procedures; and considers ways in which satnav technology fits with existing arrangements.

Copies of the consultation, whihc closes on 1 May 2011 can be found at www.dft.gov.uk/consultations/open/2011-02/roadnetworkconsultation.pdf whilst respondents can respond online at Road Network Policy Consultation

4 January 2011

Local authorities and the police will have to publish full information about speed cameras, under proposals announced by Road Safety Minister Mike Penning today.

By April 2011 the Government wants information about cameras to be easily available to the public.

This could include data about accident rates at camera sites, vehicle speeds and the numbers of motorists prosecuted or offered training after offences recorded by cameras.

Mike Penning said:

“Public bodies should be accountable and if taxpayers’ money is being spent on speed cameras then it is right that information about their effectiveness is available to the public.

“The proposals I have announced today will help show what impact cameras are having on accident and casualty rates and also how the police are dealing with offenders.

“This is in line with our commitment to improve transparency of government data so that the public are able to make more informed judgements about the work of local and central government.”

The Department will be working with police and local authority representatives as well as the Highways Agency to discuss the details of what should be published and how. The final requirements will then be confirmed in time for publication in April 2011.