Dangerous drivers using mobiles or sat-navs face jail
Thursday, December 20th, 2007Motorists who use mobile phones while driving could face up to two years in prison, under guidelines published today.
Using a mobile phone, sat-nav device or an MP3 player while at the wheel will in future be treated as dangerous driving instead of careless driving, with the possibility of up to two years in jail.
Dangerous driving comes with a two-year maximum prison sentence, whereas careless driving is dealt with by a community order or a fine.
The policy outlined by the Crown Prosecution Service could also see motorists in England and Wales who cause death on the roads facing life imprisonment.
The detailed guidance which was first announced this year will make clear that prosecutors should consider manslaughter charges for the very worst cases of death by dangerous driving.
Sir Ken Macdonald, QC, the Director of Public Prosecutions, said in September when announcing the policy change: “We accept that in cases where there is clear evidence that danger has been caused by their [mobile phones] use - such as texting while driving - then our policy should spell out that the starting point for charging will be dangerous driving.”
Current guidelines say that manslaughter is “very rarely appropriate” in road death cases but the change will mean alternative charges could be brought against a motorist.
Someone who has killed on the roads could be charged with manslaughter as well as causing death by dangerous driving, for example, leaving a jury open to return the lower charge if it finds manslaughter has not been proved.
Rob Gifford, the executive director of the Parliamentary Advisory for Transport Safety, told BBC Radio 4’s Today programme: “It’s not every single driver using a mobile phone while driving who faces jail, it’s those few drivers whose behaviour leads them to have a crash when they are using a mobile at the same time.
“What people are being reminded is that driving is a complicated activity and it is better to concentrate on driving than talking.”
Sheila Ranger, the head of campaigns at the RAC, said: “This is for people who are doing the most outrageous acts on their phone. We still see terrible crashes where people have been texting, driving into the back of stationary queues because they haven’t seen them.
“It’s entirely appropriate to have this charge available for the most extreme circumstances.”
Jools Townsend, the head of education at Brake, the road safety charity, said: “We welcome these new prosecution guidelines, which recognise that using a mobile while driving is an incredibly dangerous act. Too many people are still flaunting the law and endangering lives by using their mobile behind the wheel.
“We hope this sends out a strong message to drivers that talking or texting while driving won’t be tolerated. Research shows that if you use a mobile at the wheel – even on a hands-free – you’re far more likely to crash, which can have catastrophic consequences. No phone call is so important that you should risk lives to take it, so we urge all drivers to switch their phones off while driving.”
In a separate development, a company is to ban its entire 135,000 employee workforce from using mobile phones, including hands free mobile sets, when driving on company business with effect from January 1 next year.
The decision by FirstGroup comes after research from the Transport Research Laboratory showed that driving performance is significantly impaired when holding a telephone conversation.
Research suggests that driver performance while making a hands-free telephone conversation is at a lower level than when driving at the UK legal limit of alcohol intoxication.
Staff at FirstGroup are being reminded through a poster campaign that mobile phones and other devices capable of making or receiving calls must be switched off when driving and to check that when receiving calls made by staff they are complying with the policy.
Dangerous driving (up to two years in jail) could include
*racing or competitive driving
*disregarded warnings from fellow passengers
*reading a newspaper/map
*aggressive driving, such as sudden lane changes, cutting into a line of vehicles or driving much too close to the vehicle in front
Careless driving (penalty points, community order or fine of up to £2,500)could include
*driving inappropriately close to another vehicle
*tuning a car radio
*selecting and lighting a cigarette or similar, if the driver was avoidably distracted by that use
Inconsiderate driving (penalty points, community order or fine of up to £2,500) could include
*flashing of lights to force other drivers in front to give way;
*unnecessarily remaining in an overtaking lane
*driving with un-dipped headlights which dazzle oncoming drivers;
*driving through a puddle causing pedestrians to be splashed;
*driving a bus in such a way as to alarm passengers
