Dangerous Driving Debate

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Department: Ministry of Justice

Dangerous Driving

Mark Tami Excerpts
Monday 27th January 2014

(10 years, 10 months ago)

Commons Chamber
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Lord Austin of Dudley Portrait Ian Austin
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I completely agree; those arrangements are nonsense because those people are unable to drive while they are in prison. The ban should obviously start only when the prison sentence has been served.

Mark Tami Portrait Mark Tami (Alyn and Deeside) (Lab)
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In some cases, there must surely be a good argument for never allowing the person to drive again. Firearms have been mentioned; if someone misused a firearm resulting in death or injury, the chances of their getting a licence to use one again would be nil. Why is that not the case in relation to driving?

Lord Austin of Dudley Portrait Ian Austin
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There is no doubt that some people drive in an extremely reckless and dangerous way, without any regard for other road users, and of course they should never be allowed behind the wheel of a car again. Cars are dangerous things, and people must be incredibly careful to obey the law when they are behind the wheel.

I was on the scene of—and the closest witness to—an incident in which a dangerous driver, overtaking when it was not safe to do so, swung aggressively into the path of two cyclists, putting both of them in hospital. He also failed to stop. That driver was simply sent on a course. The police completely failed to investigate the incident properly, and the CPS completely failed to take it seriously. I have known that same police force to investigate other cases in a very poor way. I was careful, when putting together my statement, to demonstrate clearly that that man’s driving met the criteria for a charge of dangerous driving, but no prosecution was brought. The guy was simply sent on a course. In fact, I believe that it was an anger management course, so it was clearly accepted that he had been driving dangerously because he was angry. He was not prosecuted, however. That was absolutely unbelievable.

All too often, incidents in which people are seriously injured are downgraded from dangerous driving to careless driving because that makes it easier to secure a conviction. However, a conviction for careless driving usually results in the driver just having to attend a course. We need a comprehensive review of how the police investigate such incidents and of how the justice system operates when people are hurt or killed on the roads. Enforcement of traffic laws should be reviewed to improve road safety. That would benefit all road users, but particularly cyclists and pedestrians. Road traffic police numbers have decreased dramatically over the past 10 years, and we should look at reversing that trend to improve enforcement and investigation. Prosecution guidance needs updating to ensure that bad driving that causes obviously foreseeable danger should be classed as a dangerous driving offence. Long driving bans should be more widely used to penalise drivers who have caused serious danger, but not recklessly or intentionally. Where drivers have caused serious danger recklessly or intentionally, or have a history of breaching bans, long prison sentences are more appropriate.

Underpinning all that, there needs to be better information on how the criminal justice system deals with collisions. Currently, the complete lack of information makes it difficult to prevent future accidents from happening. Ministers should look at linking the information taken by the police at the scene of a collision with the information from the criminal justice system. That would make it easier to analyse the response of the justice system to road collisions. It would also help to identify areas that need improvement.

British Cycling, of which I am a member, has been doing extensive work on this issue, and I would urge the Minister and his colleagues in the Home Office to look at its recommendations when they are published on Monday 10 February. I would like to invite the Minister to attend the event, here in the House, at which those recommendations will be launched. I will write to him with the details. Will he also agree to convene a meeting between himself, British Cycling and Ministers from the Home Office and the Department for Transport, to discuss British Cycling’s proposals in detail?