Drive to ensure safer roads

Maria Eagle

24 September 2007

Safety on our roads took a step forward today with the introduction of stronger powers to clamp down on driving offences.

Bad driving is an area of particular concern to the public and today's provisions in the Road Safety Act 2006 tighten up legislation and ensure offenders do not escape justice.

The new provisions will ensure that: 

  • We crack down on motorists who cause death by careless driving while under the influence of drink or drugs by ensuring that unconscious drivers who have a blood test can be prosecuted in the same way as those drivers who refuse a test while conscious. 
  • Unsuccessful manslaughter or culpable homicide cases can be prosecuted for offences such as death by dangerous driving or careless driving under the influence of drink and drugs.
  • Drivers will face an increased maximum fine of £5000 if they refuse to stop when requested by the police. 

The changes are in response to public concerns about the often devastating consequences for victims of bad driving. The launch of a public consultation in 2005 followed a wide ranging review of the existing laws, during which the views of the police, judges and road safety campaigners were sought.

Justice Minister, Maria Eagle, said:

The measures introduced today will make important changes to a number of road traffic offences so that they operate more effectively. We listened with great care to road safety groups and the families of victims, and their experiences have directly informed these changes.  Quite simply, these measures will make our roads safer.

Other changes coming into force include increasing the maximum fine for careless driving from £2500 to £5000, making all seat belt wearing offences subject to the existing £500 maximum fine and increasing the penalty points from three to six for those convicted of failing to provide information on the identity of a driver.

Road Safety Minister, Jim Fitzpatrick, said:

"Britain has some of the safest roads in the world, and deaths and serious injuries continue to fall, but we are determined to continue to target the causes of casualties. The Road Safety Act is key to the Government's efforts to tackle bad and irresponsible driving.

"Some changes in the Act - like the introduction of penalty points for illegally using a mobile phone at the wheel - have already been enacted. The changes coming into force today are another important step in implementing this package of measures."

The change to offences include:

  • Power of the Police to Stop a Vehicle - the fine for this will increase from £1,000 to £5,000 if a motorist refuses to stop their vehicle when requested by police.
  • Furious Driving - this is the only offence that can apply where a motorist drives badly on private land.  However, if a person is found guilty of this offence they are still able to drive on public roads.  The change in legislation will allow a person to be disqualified from driving on public roads.
  • Meaning of Driving Without Due Care and Attention - this sets out in statute the definition of "driving without due care and attention" that has been established in case law.
  • Causing death by careless driving under the influence Section 31 - this closes a loophole in the law which means that a motorist can now be prosecuted for causing death by careless driving under the influence of drink or drugs if their blood is taken whilst they are unconscious, where they unreasonably refuse to allow it to be tested when they are later able to give consent. This brings the law into line with the present position of a person who is not unconscious refusing to allow their blood to be taken in the first place.
  • Alternative Verdicts - Section 32 and Section 33 this introduces alternative verdicts on unsuccessful manslaughter or culpable homicide prosecutions (manslaughter in England and Wales; culpable homicide in Scotland).  If someone is found not guilty of manslaughter or culpable homicide, measures now exist to ensure they can be found guilty of other offences, including death by dangerous driving and careless driving under drink or drugs, for example.

Notes to Editors