Review of Road Traffic Offences involving bad driving

Review of road traffic offences involving bad driving
The closing date for comments on the Government's consultation paper "Review of Road Traffic Offences involving Bad Driving" is fast approaching on 6th May 2005. Of course by then there will be a new Government., but the Whitehall juggernaut will doubtless roll on regardless. Anyone wanting to comment or who is interested in how the law relating to road traffic offences could possibly develop over the next few years can find the paper online using the link below. (28.4.05)
Review of Road Traffic Offences

The question of how people should be punished for a momentary lapse of concentration that is minor in itself but nevertheless has serious consequences, is a difficult one. There is a proposal to create a new offence of causing death by careless driving. One thought that occurs is that it is not only drivers who can cause dangerous situations on the roads - passengers, cyclists and pedestrians can also do so.

To take an example, a driver may open his door carelessly and cause the death of a motorcyclist, but his passenger could just as easily do the same. If it does not reach the level of manslaughter, the driver could be convicted of the proposed new offence of causing death by careless driving, while the passenger could not be charged with anything. It can hardly be logical or just that the difference between no offence and up to five years imprisonment should depend on which door a vehicle occupant opens carelessly. If the law is to be changed, perhaps the offences should be broadened to cover all dangerous


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behaviour on the roads, regardless of whether the road user was driving a vehicle or not.

In addition there is an idea of replacing the old "wanton and furious driving" provisions of the 1861 Act by extending bad driving provisions to private places does not seem to have been thought through. It considerably increases the scope of the offence, since the old offence required both intent by the driver and injury to be caused to someone. Secondly, careless and dangerous driving provisions have applied in public places since 1992, and it is difficult to see the public interest in extending the offences to places where the public has no access. Thirdly, some legitimate activities would become illegal, such as the vehicle testing by manufacturers and others of cars and equipment on private tracks, practising for motor sport (there is already an exemption to the "public places" provision for authorised motor sport events) and for film and television work. A recent paper mentions that 55 cases were started in 2003 resulting in 12 convictions, but there are no figures given for how many of those cases refer to non-motorised vehicles on public roads, and how many are on private land, which would have been informative. The suggestion of changing careless or dangerous driving to careless or dangerous behaviour by any road user would cover the use of non-motorised vehicles, but does private land to which the public has no access really need to be covered at all?