Road Safety and the Legal Framework

Matt Western Excerpts

Tuesday 20th November 2018 Westminster Hall

[Ruth Cadbury]

I hope to be able to, but I realise that time is short, so I might not be able to go into the detail that my hon. Friend mentioned. He has just stepped down as chair of PACTS. I am also a member of PACTS, which has done an awful lot of excellent work in this place on road safety.

Due to the subjective nature of the definitions, too often we see the downgrading of cases from causing death by dangerous driving to other charges, simply because they are easier to prove. Using the term “careless” undermines and trivialises the gravitas of the offence and its impact on victims and their families. Cycling UK has done an excellent study called “Failure to see”, which expresses that stark difference in a range of different cases. I recommend that study to those involved in this subject.

[Matt Western (Warwick and Leamington) (Lab)]

Does my hon. Friend agree that there is increasing concern among road users, particularly cyclists and pedestrians, that greater numbers of cars are being fitted with tinted or almost smoked glass? That makes it incredibly difficult for other road users to see the face of the driver and know whether they have been seen and the driver is aware of the potential danger.

[Ruth Cadbury]

That is clearly of concern. My understanding is that there are standards for tinted glass, but whether all vehicle owners are abiding by those standards is an issue. Those cases need to be prosecuted, and we all know that the resources for finding those offences are declining.

The Government have said that they will create a new offence of causing serious injury by careless driving, and Ministers have said they will introduce new legislation as soon as parliamentary time allows. We look forward to that Bill. The charges and penalties for causing death or serious injury should be overhauled to ensure that prosecutors are not incentivised to opt for an easier won charge. We look to the Sentencing Council for that work, for which I believe the Ministry of Justice has responsibility. Overall, we ask for closer collaboration between the Ministry of Justice and the Department for Transport to ensure joined-up thinking on the definition of offences, with each consulted on the other’s work. I do not mind which Department leads; I just want to see action.

Finally, I will talk about driving bans. I agree with Brake that driving is a privilege, not a right, and that those who have shown disregard for the law should not be allowed to drive. We have a well-respected system of penalty points in this country, based on the expectation that people lose their licence when they reach 12 penalty points as they clearly have too often been driving dangerously, usually with speed violations. However, there is a loophole whereby many drivers who claim exceptional hardship in court manage to avoid losing their licence. That right is not accorded to most other offences with a risk to life, so the loophole should be closed. These people have already had a second chance in totting up points. The guidelines for magistrates need to be looked at in that respect.

In most high-risk occupations, someone’s licence to operate is removed immediately if there is a suspicion that they were responsible for an offence that causes death or serious injury. The same should occur for driving offences. Anyone arrested on suspicion of an offence that carries a mandatory driving ban should have their driving licence temporarily suspended until the case reaches a conclusion or is dropped. The advantages are that it keeps the issue out of court, is understandable, is instant and avoids the “innocent until proven guilty” problem. It would also have a deterrent effect. An alternative would be for anyone charged after killing or seriously injuring another to have their licence removed as a condition of bail. In the time it takes for a case to come to court, the driver charged can continue driving, potentially putting others in danger. The first option is the better one.

Thank you, Mr Betts. My colleague the hon. Member for Berwickshire, Roxburgh and Selkirk will cover the other issues.

--- Later in debate ---

[John Lamont]

My hon. Friend makes an excellent point. There are too many tragic cases like that involving our constituents. I will come to that point later in my contribution.

Failure to stop means a motorist was involved in an accident with another vehicle or person and was aware of the incident, but drove off anyway, with no thought about the damage or hurt caused. However, it can also be used as a means to escape a more serious punishment, such as if a drunk driver fails to stop in order to sober up. Failure to stop is a serious offence that should be treated seriously. It needs to end and we need to increase the maximum penalty to be in line with the maximum penalty for dangerous driving.

Another relatively simple measure to improve road safety would be to look at car-dooring. I think most cyclists are aware of the danger or have had to swerve to avoid a door opening in their path. I have had to do that on a number of occasions. I welcome the Government’s announcement that The Highway Code will be reviewed to include the so-called Dutch reach, where people open a car door with the hand furthest from the door. I hope that that will be included as a requirement so that learner drivers are taught it as a standard part of their lessons and test.

[Matt Western]

I congratulate the hon. Gentleman and my hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury) on securing this important debate this morning. Does the hon. Gentleman agree that the standardisation of helmet cams for cyclists and dashboard-mounted cams would provide the sort of evidence that could help bring to justice cases such as he has described in his speech?

[John Lamont]

I am grateful for that intervention. We should look at anything that can gather more evidence to help prosecutors. Ultimately we want to make our roads as safe as possible for all road users and deter irresponsible behaviour. If cameras contribute towards that, they would be beneficial.

However, we need to also look at whether a new offence needs to be created. Between 2011 and 2015, more than 3,100 people were recorded as being injured or killed as a result of a vehicle door being opened negligently, including cyclist Sam Harding, who was killed in August 2012 when a driver opened his plastic-tinted door in Sam’s path, knocking him under a bus. The maximum penalty for opening a car door negligently was a £1,000 fine, so the Crown Prosecution Service tried, unsuccessfully, to prosecute for manslaughter. The driver responsible received only a £200 fine. Clearly, this area of the law might not be working and needs to be reviewed.

--- Later in debate ---

[Matt Western (Warwick and Leamington) (Lab)]

I congratulate my hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury) on securing this debate. As we have heard, this is an increasing problem and an ever present danger on our roads. Just two months ago in my constituency, over a four-week period there were three deaths on our streets—Emscote Road, Radford Road and Banbury Road—and numerous road traffic accidents.

We have to change attitudes on how we view and use road space. As was mentioned by the hon. Member for Totnes (Dr Wollaston), we need to encourage more people to use the road space, while making provision for the safety of all users. These are not motorways; they are roads for all to use. Alongside introducing changes to the legal framework, we need to ensure that we are changing behaviour at the same time.

Clearly, there are many causes. There are increasing pressures in modern life—pressures to get to work and to get the kids to school, and so on—but there are also a greater number of delivery drivers. More and more people are using the internet to shop and there are more and more deliveries to home and so on. Many of those delivery drivers, in the new gig economy, are being forced to work at such a pace that they are perhaps less observant of regulations and other road users than they might ordinarily be. They are under more and more pressure. Likewise, new housing developments around our towns put more pressure on the central town area infrastructure, with insufficient capacity to deal with the additional road use.

We also see a lack of enforcement of speed limits on our streets, with fewer police and the removal of cameras. When I served on the county council, I and other Labour councillors introduced a speed watch programme. It was great, but wearing high visibility jackets was hardly a deterrent to people speeding in our towns.

I would welcome more 20 mph zones in our town centres, which would send out a very clear message for more measured speeds in our town centres. I would like to see tougher sentences on people who fail to stop—the existing six months for leaving the scene of a crime is ridiculous. Likewise, the loophole for those who have 12 points on their licence is quite ridiculous, given the seriousness of their convictions. Finally, is it acceptable to have insurance products that insure someone against losing their licence? I would say not.