November 2008 saw the launch of a consultation into proposed new road traffic laws for the UK. If implemented they would see a number of new provisions being introduced, the increase of a number of exisiting penalties and, most controversially, the increasing of police powers to penalise drivers for speeding. In this summary, keepmedriving looks at those proposals and how it might affect motorists.

It should be stressed that these are, at this stage (December 2008) merely proposals and have yet to become law. For more details on the law as it currently stands, or on how you are likely to be affected by existing legislation, please either see elsewhere on the keepmedriving web site or contact keepmedriving on 084 4804 4804

Although on the decline, the number of people killed on the roads today is still almost 3,000. The Government are determined to reduce that number even further and the proposals contained in their latest consultation are designed to help achieve that. Despite increases in penalsties, many feel, however, that the proposals do not go far enough – especially in putting forward a proposal for reduced penalties for those caught speeding at only a small amount over the legal limit. If you want to express views on this report you can do so by going to the Department for Transport web site.

Use the links below to go to a summary of the propsals contained in each section of the report.

• Speeding
• Drink driving
• Seat belts
• Drug driving
• Careless driving
• driver retraining and reassessment

The Government takes the view that speeding is a major contributory factor in road collisions and as a result plans to take steps to deal with it at those places where it is felt to be most of a threat. They perceive two types of speeding:

• exceeding the speed limit
• going to fast for the prevailing conditions

and that in 2007 350 accidents were caused by exceeding the speed limit and 400 from driving too fast for the conditions.

The Government also see two types of offender as a threat

• moderate speeders who are generally compliant but can be a little over the limit especially in 30 mph areas
• excessive sppeders who normally exceed 35 mph to 40 mph over the speed limit

The Government’s proposals for tackling speeding include:

Time over distance cameras

The Government believes that spot cameras are not sufficiently effective since they only deal with speed at a particular point. Their preference is to increase the number of average speed cameras that measure a motorists speed over a set distance. These have been used with appararently great success in road works where accidents have been reduced by between 23% and 100%.

Speed awareness courses and campaigns

Government research has indicated that there are still many drivers who do not think that excessive speed is a problem. Their proposal is to use targeted education to offer training to low-level speeders, paid for by the offender, as an alternative to a fixed penalty notice. In addition the Government will continue to support speed awareness campaigns.

Tackling extreme speeders and graduated points

The Government intend to increase the number of penalty points for fixed penalties issued for extreme speeding offences to 6 penalty points. This is basd on evidence that those with 6 – 9 penalty points commit fewer speeding offences. Meanwhile, they will issue graduated points so that, for example, only those travelling at over 45 mph in a 30 mph area would attract the 6 points. The Government will also consider the possibility of introducing downward graduations so that those convicted of speeding at lower spees would get points accoridng to the speed.

Whilst the Government report that drink driving offences continue to fall, nevertheless there are still those who continue to drink whilst driving and whose actions lead to many fatal accidents. In 1967 half of all road fatalities were associated with drink driving whilst by 2007 this had fallen to one sixth. However, data indicates that over 25% of drivers killed in road accidents were over the prescribed limit with 37% of those being more than two and a half times over the limit.

The Government therefore proposes a three strand plan:

• improve compliance with current limits, achieve more effective enforcement and manage high-risk offenders,
• continue providing advice, and
• collect more data.

The proposals specifically include:

Effective enforcement

Measures including

• The use of targeted checkpoint testing – involving the random stopping of motorists at drink-drive checkpoints
• Better breath testing – use of new breath-testing equipment which will collect more data about the driver and the carrying out of evidential breath testing elsewhere than at a police station – for example in hospitals and at the offender’s home
• Withdrawal of the right to require that a urine sample be taken in place of a breath test where the reading is no more than 50 mcg

Better management of offenders

The Government intend better to manage convicetd drink drivers including:

• improving the high-risk offender scheme which provides special measures to deal with drivers who have a high risk of drink driving, including those who are alcohol dependent or are repeat offenders.
• speeding up cases – and at the same time putting in place provisions so that high-risk offenders have to have medical reports before they can drive again after a disqualification
• the greater and more effective use of rehabilitation courses
• retesting disqualified drink drivers

Penalties

The Government plan to maintain and tighten various provisions including maintaining tough penalties for those convicted of drink-driving related offences and making sure that offenders do not use up their disqualification period whilst in prison.

Although it cannot categorically be shown how many deaths result from careless driving, nevertheless it is clearly a contributory factor in many accidents and so is to be regarded by the Government as a serious road safety issue.

Some bad driving is as a result of lack of driver skill and the Government plans to overhaul the system for driver training, with the possibility of giving the police powers to order remedial training in lieu of prosecution for low-level careless driving offenders.

In addition to education, the Government plan to make careless driving (although not dangerous driving or any of “causing death” offences) a fixed penalty offence with drivers being given the option of accepting a fixed penalty of £60 and 3 penalty points.

Increasing concern over the number of people driving whilst under the influence of drugs has lead the Government to readdress its position. There is not as much data on drug-driving as there is on drink driving, but nevertheless there is still sufficient evidence to suggest that it is a significant problem.

The Government see themselves as having four priorities in this area:

• increasing public awareness of the risks
• helping police enforce current laws
• focus on illegal drugs but continue to assess the effects of prescribed medication
• find out more about the extent of the problem

To achieve this the Government plan to streamline existing measures to tackle the issue including making drug screening devices available to the police, streamlining procedures when drivers are arrested on suspicion of drug driving and consdiering a programme of roadside surveys

The Government will also consider whether a change to the law or the intorduction of a new offence of drug driving might be desirable. In particular the Government will look at a new offence to target those who drive after taking illegal drugs – with the possibility of the driver being convicted if tests showed that the drugs were present in their bodies whilst they were driving.

The rates of seat belt wearing within the UK have risen gradually over the years since use of them was made compulsory. Drivers and front seat passengers have been required to wear seat belts since 1983 whilst rear seat passengers have needed to wear them since 1989 for children under 14 and 1991 for adults. Overall compliance with seat belt laws is roughly 90%.

It is estimated that failure to wear a seat belt resulted in 2007 in over 300 fatalities which might otherwise not have occurred.

The Government propose to clarify and tighten up on seat belt laws in so far as they relate to children and to increase the fixed penalty for not wearing a seat belt from £30 to £60. They will also review their campaign to encourage people to wear seat belts.

There are a number of existing remedial training schemes including the drink drive rehabilitation scheme and the speed awareness course. The Government has already taken steps to extend the scope of re-education training schemes linked to the ability by the courts to offer reductions in penalty points and periods of disqualification. It will continue to investigate where those schemes are most likely to be effective.

There are also in place requirements for drivers to be retested following disqualification. However, these are not in any way linked to remedial training. The Government is considering requiring that remedial training be undertaken before those disqualified are re-tested. There will also be courses specifically aimed at those who incur penalties whilst still a new driver.