Road Traffic Accidents: Hand-held Mobile Devices
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The Parliamentary Under-Secretary of State, Department for Transport (Lord Ahmad of Wimbledon) (Con)
My Lords, first, I thank all noble Lords who have taken part in this very timely and important debate. In particular, I thank my noble friend Lady Pidding for this opportunity to set out what the Government are doing to reduce road traffic accidents caused by motorists using hand-held mobile devices while driving. We are taking decisive action in a variety of ways, which I will set out in a moment.
My noble friend started her speech in a very poignant way. All of us, across the House and beyond, were deeply moved by the tragic events that we saw not so long ago—in August—on the A34. My noble friend made particular and poignant mention of Tracy Houghton, her sons Ethan and Josh, and her step-daughter Amy, who tragically died in an accident in which the person who was subsequently taken to court and convicted of causing the tragedy was using his mobile phone. In mentioning those tragic events, I also pay tribute to the police in Thames Valley who were involved in dealing with that accident. I am pleased that we have with us today Chief Inspector Henry Parsons, who was involved with those investigations. When such tragic events take place, it is, as many noble Lords mentioned, the bereaved families who often suffer the consequences of what are, at times, the careless actions of others.
Let me reflect on the constructive contributions that have been made in this debate. The Government have introduced legislation to increase the penalties imposed when a driver is caught using a hand-held mobile phone or other similar hand-held device while driving and receives a fixed penalty notice. The number of penalty points added to the driver’s licence will double from three to six, and the penalty fine will also double from £100 to £200. The legislation for the increase in penalty points has already been approved in the House of Commons, and we will debate it for approval here next week, on 20 December. The statutory instrument for the increase in the penalty fine will be laid before Parliament using the negative procedure in the new year. Subject to the approval of Parliament, we aim for the new penalties to be effective from 1 March 2017.
I thank the noble Lord, Lord Tunnicliffe, and Her Majesty’s Opposition for their broad support for the measures. He and other noble Lords, including my noble friend Lady Pidding, and the noble and learned Lord, Lord Woolf, talked about the importance of education. As noble Lords are aware, there will be a specific THINK! educational campaign from around the time that the new penalties come into force to inform drivers and raise awareness. THINK! is also undertaking a review over two and a half years into how to target child and teen audiences more broadly, which is another point that several noble Lords reflected on.
As well as these forthcoming changes, the Government launched a consultation through the Ministry of Justice on 5 December seeking views on driving offences and penalties relating to causing death or serious injury. The consultation contains proposals on increasing the maximum sentence for causing death by dangerous driving from 14 years to life; increasing the maximum sentence for causing death by careless driving while under the influence of drink or drugs from 14 years to life; creating a new offence of causing serious injury by careless driving, with a maximum sentence of three years; and a longer minimum disqualification period for drivers who kill. I pay tribute to the contribution from the noble and learned Lord, Lord Woolf, who stressed the importance of the issue of education and the caution of life-sentencing in this respect. I encourage all noble Lords to bear in mind that the deadline for the consultation is 1 February. The Government will reflect on the responses that they receive.
The measures I have outlined in response to questions raised by the noble Lord, Lord Tunnicliffe, show that the Government are serious about addressing public concerns regarding drivers who needlessly kill or seriously injure other road users. They also show that the Government are serious about ensuring that those who kill or seriously injure others due to using a hand-held mobile phone or other similar hand-held device when driving face serious punishment through the courts. The noble Lord mentioned the issue of six points. One of the intended consequences of increasing the fixed penalty to six points is that drivers need only commit two mobile phone offences, accruing 12 points, before facing automatic disqualification by the courts. Drivers who habitually use their hand-held mobile phone or other hand-held device when driving face being banned sooner than under the existing system.
In addition, novice drivers who passed their test in the last two years will face automatic revocation of their licence if they commit a single mobile phone offence. Under the Road Traffic (New Drivers) Act, novice drivers can accrue only six points rather than the usual 12 before they face disqualification. To regain their licence they must reapply for a provisional licence and pass a further theory and practical driving test.
The majority of novice drivers are young people below the age of 25, and evidence suggests that young drivers are the group most likely to use a hand-held mobile phone while driving compared with other drivers. As a group, young drivers also are already disproportionality represented in the numbers of fatalities and seriously injured. Given the risk that they pose, there is a need for a strong deterrent to their offending behaviour. It is proportionate that the consequence of a single mobile phone offence may mean disqualification. We must aim to effect behavioural change among this group—the drivers most likely to offend and use their hand-held mobile phones when driving—to make progress in improving road safety, which was a point well made by the noble Baroness, Lady Watkins of Tavistock.
My noble friend Lady Pidding asked specifically about heavy goods vehicle drivers. Drivers of heavy goods vehicles and passenger service vehicles who commit this offence will continue to face the possibility of the traffic commissioners, who regulate HGV and PSV operators, using their powers to review and possibly suspend the driver’s vocational licence entitlement to drive these vehicles. Given the greater impact that such large vehicles have in accidents, I believe that that is proportionate but I will also reflect on the suggestions made by my noble friend. All these various elements come together with the aim of making the use of a hand-held mobile phone or other hand-held device while driving as socially unacceptable as drink-driving—a point reflected on by several noble Lords.
Hand-held mobile phone use while driving is very dangerous and was a contributory factor in 22 fatal accidents in 2015. Behind these statistics there are individual tragedies, some of which we have heard about today, caused by drivers who have acted selfishly, insensitively or carelessly. Each one of those is a needless tragedy, and we must bring these numbers down. The families are understandably very upset and angry that a close relative of theirs was killed because of something that could so easily have been prevented. The Government also recognise that using a hand-held phone when driving has become widespread. The RAC Report on Motoring, published in September 2016, mentioned by my noble friend Lady Newlove, suggests that increasing numbers of drivers are using a hand-held mobile phone at the wheel. It reports that 31% of motorists said they used a hand-held phone behind the wheel compared with 8% in 2014. The number of drivers who said they sent a message or posted on social media rose from 7% to 19%.
In 2014, the Department for Transport commissioned roadside observational studies which showed that around 1.6% of drivers are using a hand-held mobile phone at any given moment. We will conduct a similar exercise in this respect once the new penalties are in place. We all accept that driving ability is clearly impaired by using a hand-held mobile phone and studies have found that it potentially impairs driving more than driving above the drink-drive limit. The Royal Society for the Prevention of Accidents has calculated that a driver is four times more likely to crash when using a mobile phone while driving.
The police also regard driving while using a hand-held mobile phone as one of the fatal four causes of accidents, along with speeding, drink or drug-driving and not wearing a seatbelt. Several noble Lords talked of this. It is clear that change is needed, which is why the Government are taking action and responding to the public to take tougher action. I also accept that it is also about a change of culture and behaviour. Increasing the fixed-penalty notice to six points makes it among the highest penalty points when a fixed penalty is issued.
Noble Lords have also talked about offering offenders an opportunity to take the driving test. The Government have been following this. Currently police forces can offer an alternative to penalty points in the form of courses, but it is our view that drivers should not be offered a remedial course instead of a fixed penalty notice. There is a place for education, but the Government are clear that using a hand-held mobile phone when driving should be penalised to deter reoffending, which is similar to the approach we have taken to drink-driving offenders. This again was a point well made by the noble Baroness, Lady Watkins. We are considering the options for a model under which drivers committing this offence will receive a penalty in combination with education on the risks of using a hand-held mobile phone or other devices while driving. The noble Lord, Lord Hunt, and the noble and learned Lord, Lord Woolf, both pointed out the importance of education and we will work with police and road safety groups to develop a practical model, taking legislative action if required in due course.
The noble Lord, Lord Hunt, asked about specific reviews. The department is planning to conduct a roadside observational survey that will monitor mobile phone use as a follow-up to the one carried out in 2014. He also made a number of practical suggestions about the driving test and making amendments to the Highway Code, which I shall of course take back to reflect on. He suggested as a way forward the use of a large yellow mobile phone so that all can see it. That is something for the phone manufacturers to reflect on, but as he talked about it I noticed that every Member of your Lordships’ House quickly checked the size of their own mobile phone. As we can see, the approach of the manufacturers is somewhat different. Phones are becoming more discreet and are designed to be light, but who knows what the future holds? Certainly his other practical points are well made.
Several noble Lords referred to semi-autonomous vehicles. The Government are investing a great deal in smart car technology and we are talking to manufacturers. The noble Lord, Lord Hunt, made further practical suggestions in that respect which I think are important to reflect upon.
The penalties we have been discussing are in respect of those using mobile phones while driving. However, as the noble Viscount, Lord Simon, pointed out, we need to look at all road users. Only yesterday, as I was being driven back to the department and was looking at my next briefing, suddenly the car had to brake sharply because a pedestrian using his mobile phone decided to walk into the middle of the road. The importance of education for all users, whether car drivers, cyclists or pedestrians, was a point well made by the noble Viscount.
The question of banning mobile phone use for all those in a vehicle was raised, and the noble Lord, Lord Campbell-Savours, has raised this with me in Parliamentary Questions. Of course it is difficult for the police to witness from the roadside a hand-held mobile phone in operation but I hope that, through our educational process, drivers will become more responsible. If someone is driving poorly because they are distracted by a phone conversation or because they are checking social media, even if they are using hands-free technology, the police can check mobile phone records and prosecute for other offences such as dangerous driving, which may incur higher penalties. I will come to the point made by the noble Lord about technology in a moment.
Let me assure noble Lords that, make no mistake, drivers who behave recklessly or inconsiderately must understand the consequences of their actions. Noble Lords may be concerned about how we will enforce the new penalties. The increase in penalties will have a deterrent effect on people committing hand-held mobile phone offences while driving and, as I have said, the THINK! campaign will greatly assist in this respect. Any action will be in addition to current enforcement practice, including the current pilot being undertaken on the strategic road network of loaning police forces an HGV cab to spot offenders, something noble Lords may have followed in the press recently. The level of effective roads policing is not necessarily dependent solely on one factor such as the number of officers specifically engaged in roads policing at any one time. It is of course for police and crime commissioners to identify their local needs and, in consultation with the chief constable, to draw up appropriate plans. But as my noble friend Lady Newlove pointed out, in her important role as the Victims Commissioner, she is already seeing demonstrably good practice across the country in this respect. The chief constable will, of course, retain operational independence and then deploy appropriate resources to the priorities agreed in the policing plan as they see fit. I am delighted that I am joined by my noble friend the Minister at the Home Office, because we will work together at the Department for Transport and the Home Office to establish what practical options are available.
There are often calls for technology to help drivers be more compliant. These need to be looked at very carefully and we invited views as part of the public consultation at the beginning of the year. The noble Lord, Lord Campbell-Savours, raised phone-jamming equipment in cars to stop drivers using their mobile phones. While it may be a simple idea, it has drawbacks, as we have previously discussed. It will prevent others in the car using mobile phones. However, he talked about different research. It is important to reflect on the research and I will certainly welcome any feedback from him on the work that has been developed in this regard. We will certainly look at whether there are ways that a driver could be isolated from using their mobile phone, but not to the detriment of others. That is worth looking at further.
Mobile phones can be fitted with a motion detector that cuts out the signal when it detects motion. Again, the noble Lord, Lord Campbell-Savours, talked about technology and drones. A consultation on drones will be issued shortly; I draw the noble Lord’s attention to that. He was right that I, as the Aviation Minister at the DfT, know full well the merits of geo-fencing—for example, to prevent the use of drones in areas they should not be progressing into—in particular on issues of safety. We are also aware that a number of companies have developed “drive safe” modes. The industry is working together with government to ensure further development can be made in these areas.
On whether car manufacturers should do more, there is already a set of guiding principles that, when applied during the development of a product, should lead to a design that can be safely used in a vehicle. I am sure this debate will further inform research in that area.
The Government are fully aware of the case for reducing road traffic accidents due to the nature and use of hand-held mobile phones or other similar hand-held devices when driving. That is why we are introducing legislation to increase the penalties for this offence, alongside the planned launch of a new THINK! Campaign, and directly asking police forces not to offer diversionary courses to those who commit this offence, but, where a course would otherwise have been offered, to impose a fixed penalty notice instead. However, the courses are an important part of education. Several practical suggestions were made regarding how further education can be followed up. That is an important suggestion that we will reflect on.
I thank all noble Lords for their contributions to this important and timely debate. We had a Parliamentary Question on this not so long ago and we will debate the important legislation next week. It is important to reflect on the fact that these actions are necessary and important to take because of the tragic events we have seen recently on our roads. Use of technology is a good thing. The evolution of mobile phones reflects how technology has developed. As it develops, we need to ensure that anyone who is a road user also reflects on the importance of safety.
In thanking all noble Lords once again, in particular my noble friend Lady Pidding, I underline that the Government regard this as a priority. There can be no better poignant words than those of my right honourable friend the Prime Minister when she reflected on the tragedy that has impacted on many people. On hearing of that, she said:
“Sadly we have seen too many times the devastating and heartbreaking consequences of using a mobile phone while driving”.
As she concluded her remarks on that tragedy:
“A moment’s distraction can wreck the lives of others for ever”.