26 January

A report in the Daily Telegraph of 25 janaury 2010 reveals that the Sustainable Development Commission is calling on the Government to introduce average speed cameras to all motorways in order to ensure that motorists observe the 70 mph limit. The Commission predict that this would reduce carbon dioxide emissions by up to 1.4 million tonnes per year.

The report states that according to the Commission, Department for Transport figures have shown that the 70mph speed limit is being ignored by 52 per cent of motorists. The average speed cameras, which measure a car’s speed over a prolonged distance, rather than at a fixed point, are seen as being more effective than conventional cameras because they prevent motorists jamming on the brakes as soon as they see a device and then accelerating as soon as they have passed.

Their introduction both on motorways and in urban areas, the Commission says, would encourage smoother more environmentally-friendly driving.

Ministers say that where average speed cameras have been introduced in place of fixed cameras, both accidents and the number of speeding fines have fallen.

For more information see the Daily Telegraph 25 January 2010

The government is considering making motorists legally responsible, even where they are not at fault, for any accident involving a cyclist or pedestrian. The proposed change to the law would make the most powerful vehicle in any collision liable for insurance and compensation purposes and is a move which is in part intended to encourage more use of environmentally friendly modes of transport.

The plans, which have already been condemned by many motoring groups, is likely further to annoy many drivers who already see themselves as the target for too much money raising and blame – whether through continuing fuel tax rises or from speed cameras and congestion charges.

The thinking behind the idea is to encourage more people to use bicycles and to walk more – and is hoped that the change in the law will reassure many that their safety is something which legislators have considered. At present fewer than 3% of all journeys are by bicycle.

However, opponents of the scheme point to the fact that often it is the reckless behaviour of cyclists that cause the accidents in the first place with many jumping red lights, riding the wrong way down one-way streets and weaving in and out of slow-moving traffic. In some places, such as central London where there has been a considerable increase in the number of cyclists – especially those undertaking urgent deliveries, the antics of cyclists give rise to considerable anger on the part of motorists.

Despite this anger, cyclists remain amongst the most vulnerable of road users with 115 of them being killed on the roads last year alone.

Similar proposals have already been put into effect in other European countries, most notably in Germany and Holland where transport campaigners say they have had a significant influence in changing attitudes towards cycling.

Meanwhile, the government is £100m on new cycle routes in various parts of the country in the hope that more will be encouraged to give up the car and return to pedal power.

On 12 March 2009, a cyclist who knocked down a child in Oxford was convicted of careless cycling under the Road Traffic Act 1988, section 29. The cyclist was travelling at about 15mph when he struck and knocked over a young pedestrian at traffic lights. It is unusual for such a case to reach court. However the case demonstrates that, whilst cyclists are often vulnerable, they are also capable of causing harm to others.

If this surprises you, you will be interested to know that:

1. Cycling on the pavement is an offence, under the Section 72 of the Highways Act 1835 as amended by Section 85 (1) of the Local Government Act 1888
2. Reckless cycling is an offence, under the RTA 1988, section 28
3. The carriage of more than one person on a road on a bicycle not propelled by mechanical power is an offence committed by each person being carried, under the RTA 1988, section 24. (There is an exception if the bike is legitimately constructed or adapted for the carriage of more than one person (i.e. tandem or attached child seat)
4. Riding a pedal cycle while unfit to ride because of alcohol or drugs is an offence contrary to section 30 of the RTA 1988, where the rider is incapable of controlling the cycle
5. Front and rear cycle lamps are now permitted to flash, under the Road Vehicle Lighting (Amendment) Regulations 2005
6. Cyclists are obliged to comply with traffic signs in the same way as other road users

Smart cars fitted with CCTV masts and parked at junctions to monitor traffic, are now being piloted by Greater Manchester Police in a bid to drive down accidents caused by driver distraction.

Those caught driving while eating, adjusting media facilities, applying make-up and so forth, are now likely to receive a letter with their morning cornflakes informing them of the imposition of penalties for relevant offences: driving with a mobile, driving without due care and attention, or similar such crimes.

In an Orwellian move, the cameras will be trained directly at drivers, which some allege is an invasion of privacy and an affront to the presumption of innocence.

However, the cars will only trace people who are committing an offence and are therefore positioned only to secure evidence.

If the scheme is seen to be a success in reducing the number of accidents, those behind it hope it could be rolled out across the UK. Notably, some councils already use Smart cars with cameras to track parking and bus lane offences.

In what has been described as an “historical clerical error”, the Dorset Strategic Safety Camera Partnership is having to track down all of the drivers who have been caught by a particular speed camera over a period of ten years and inform them that their fines are to be refunded and any penalty points rescinded. If every driver is contacted, they face a potential bill of over £1 million.

The problem arose when it was discovered that the paperwork for the camera, identifying its location was incorrect. A lorry driver, Alan Dawe, challenged a fine imposed upon him and during the course of the challenge it came to light that the camera was described as being on Seatown Road, when in fact it was located on Duck Lane, in the Devon village of Chideock.

The practical consequence of this apparently small error is that every one of the 24,889 speeding tickets issued since the original Traffic Regulation Order was drafted is illegal. Not only will fines have to be refunded and penalty points rescinded, but also there is likely to be a claim from motorists who have faced higher insurance premiums as a result of their convictions.

Research published in the British Medical Journal has suggested that seats which face away from oncoming traffic could be up to 75 per cent safer for children carried in cars. The report suggests that too many parents in the UK are too quick to move children into front-facing seats and that ideally children should remain facing away from the traffic until they are at least 4 years old. The research, undertaken by Surrey GP Dr Elizabeth Watson and Dr Michael Monteiro, a specialist registrar at the Royal Surrey County Hospital in Guildford, looked at existing data on car seats in reaching their conclusions.

Whilst this advice is borne out by statistics, the problem in the UK is that many of the rear facing seats cease to be usable by children over 9Kg (20lbs). Thus children over about 8 months are forced to be carried in normal front facing child seats.

A study undertaken in Sweden, suggested that, over a seven year period, half of the children who died in accidents where front facing “booster” seats were used could have been saved had they been using rear-facing seats. This is backed up by a study in the US which looked at information on 870 car crashes involving children between 1998 and 2003 and which found that rear facing seats were 75 per cent more effective.

Rear-facing seats tend to be more effective because they protect children from lower neck and chest injuries, which can prove fatal and keep the head, neck and spine fully aligned so that any force, such as from a crash, are distributed across the body.

Dr Watson has called upon healthcare professionals to advise parents that rear-facing seats are safer than forward-facing seats for children under four years and has asked manufacturers and retailers to make rear-facing seats for older children more available.

For more information on the use of child seats visit www.childcarseats.org.uk/

The Driver and Vehicle Licensing Agency (DVLA) have set out tough new restrictions on the release of vehicle keeper information. Under the proposals any car parking company requesting information from the vehicle record in order to issue a parking charge notice will be required to be a member of a DVLA Accredited Trade Association (ATA), and abide by that ATA’s Code of Practice.

Noel Shanahan, DVLA Chief Executive said:

” We have a range of measures in place to protect people’s information, including regular checks on those who request information and specific evidence requirements where information is requested to enforce parking restrictions.

“This new requirement will add to these robust procedures by ensuring that all parking companies requesting vehicle information are members of an Accredited Trade Association, complying with its code of conduct.

” Parking companies are already required to be a member of an ATA to have approved access via an electronic link to the vehicle record but the intention is to extend this requirement to those parking companies making manual, paper-based requests.”

Compliance with the Code of Practice is strictly monitored by the ATA, and this, in addition to stringent checks the DVLA currently performs, would further enhance the protection of information held on DVLA’s vehicle record.

The proposal is set out in a consultation, which will run from today to 29 May 2009. The move comes two weeks after the Home Office announced that it will consult on how best to regulate the wheel clamping industry. That consultation will look at proposals for introducing compulsory licensing to tackle the limited number of rogue wheel clamping companies.

14/04/2009

From 1 May 2009 the road tax rates will changed so as to reflect the government’s plan to move towards a CO2-driven rating system for vehicles.

For cars which were registered before 2 March 2001 there will be just two flat rates which will be based on engine size. Cars with an engine size not over 1549cc will pay £125 for 12 months (£68.75 for 6 months), whilst cars with engines over 1549cc will pay £190 (£104.50 for 6 months).

For cars registered after March 2001, there is to be a more fundamental change in that the number of bands for taxation will be increased from the current A-G system to a new 13 band system ranging from A–M, all of which are based on the car’s carbon dioxide emissions. The more CO2 a car emits, the more it will cost to tax. In addition, anyone who buys a new car from April 2010 will have to pay a higher rate of vehicle tax in the first year of registration – thus further penalising the purchasers of those cars which emit most CO2.

The rates from 1 May 2009 for a petrol car (TC48) and diesel car (TC49) are:

where * Band K includes cars that have a CO2 figure over 225g/km but were registered before 23 March 2006.

and for alternative fuel cars (TC59), the rates are:

In a move designed to cut road deaths by a third, the government has announced plans to cut the speed limits on many A-roads and to introduce a whole new raft of measures designed to make the job of policing our roads easier and more effective.

The proposals, which are intended to work towards a ten-year safety target, will see drivers facing 20 mph speed limits in residential areas and around schools, 50mph limits on single carriageway roads, random breath tests and tougher fixed penalties. The aim will be to cut road deaths by up to 1,000.

Although recent figures show that in 2007 fewer people died on the roads (nearly 3,000) than at any time since records began, nevertheless Britain is falling behind other countries in terms of the average number of deaths. Ten years ago, Britain had the best road safety record in Europe – today it has fallen behind other countries such as Sweden, Switzerland and Norway – and other countries such as France are rapidly closing the gap.

The Government consultation paper, entitled A Safer Way: Consultation on Making Britain’s Roads the Safest in the World (see Department for Transport web site at www.dft.gov.uk/pgr/roadsafety/roadsafetyconsultation) sets out targets which must be reached by 2020 in comparison with average casualty figures for the period 2004-08. It’s plans include:

• reducing speed limits on single carriageways and introducing 20mph speed limits in residential areas,
• increase in the number of average speed cameras at exit and entry points to residential areas,
• doubling the fixed penalty for driving at 15mph or more over the speed limit to six points,
• doubling the fine for failing to wear a seat belt to £60,
• removing the need for police to suspect that an offence has been committed before they stop and breath test a driver,
• making roadside breath test specimens admissible as evidence in court,
• removing a driver’s right to demand a blood test,
• fixed penalties for careless driving, and
• making the driving test tougher

The plans, which have been criticised by several road safety groups as not going far enough, have been attacked by some groups as creating situations in which drivers will become inattentive and therefore more likely to have an accident. Against this, the Government cites research which shows that a person hit by a car at 30mph has just a one in five chance of survival, while someone hit at 20mph has a one in 40.

Government proposals to relax the rules relating to traffic flows could see the introduction by many local authorities of the so called “green wave” system for traffic lights.

The system, which works through a series of sensors in the road, would allow traffic travelling at or below the speed limit to trigger a succession of green lights, thus improving traffic flow and reducing motorist frustration at meeting a series of red lights.

Although previously discouraged by the DfT, similar schemes already operate successfully in Amsterdam and Copenhagen where the authorities use them as a means for cutting carbon emissions and traffic noise.

Among supporters of the plans are Boris Johnson, London’s mayor, who believes it will help to reduce bottlenecks in parts of London, and the AA, who have expressed some concerns that it could lead to problems on the side streets that feed into the main roads with some drivers on side roads getting impatient and jumping red lights to join the freer flowing traffic.

Dated: 21 April 2009