Careless driving could cost you dear
Issue: Autumn 2008
Over the past 18 months, the Govern-ment has waged a war against bad drivers and, in turn, has forced those that employ drivers to think much more carefully about safety at work, including company vehicles.
They’ve done this by introducing a series of new offences designed to improve road safety in an effort to reduce serious accidents and fatalities at work and on the road.
It all began in February 2007, when penalty points were introduced for using mobile phones whilst driving. This has seen the number of prosecutions for this type of offence soar and responsible employers sat up and took notice by introducing mobile phone policies and other safer working practices to protect themselves and their staff from liability.
In April of this year we saw the introduction of the long awaited Corporate Manslaughter and Homicide Act. Although this legislation has not introduced any new statutory obligations or requirements it creates a new offence of Corporate Manslaughter for companies who breach their existing duties of care as a result of a serious management failure, which results in a person’s death.
To date there have not yet been any successful prosecutions under the new law but the clever money is on a member of either the transport or construction industry being the first one. The road transport industry is already one of the most heavily legislated industries. Businesses in the road transport sector already have a long list of statutory obligations to contend with; drivers hours, working time directive, operator licensing, road traffic acts, construction and use regulations, testing and plating regulations, carriage of dangerous goods, special types provisions (abnormal loads), workplace transport safety, provision and use of work and equipment regulations, Health and Safety at Work Act, lifting operations and lifting equipment regulations, control of substances hazardous to health regulations... I could go on!
A gross breach of any existing statutory duty of care by senior management contributing to a person’s death renders the company liable to a Corporate Manslaughter offence, which could bring an end to the business altogether. In July this year we saw the sentencing guidelines council introduce new sentencing guidelines for offences of causing death by dangerous driving . The offence carries a maximum jail term of 14 years with recommended sentences of seven years where aggravating features, such as using a mobile phone, are prevalent.
And now, from August 18th 2008 we see the implementation of yet another offence under the Road Safety Act, namely causing death by
careless driving. In my view this will bring the most sweeping changes of all to law enforcement in cases of fatalities on the road. This new offence will be made out where even the most minor momentary lapses in concentration behind the wheel lead to a death. In cases of avoidable distractions such as using a mobile phone, drinking or eating, or applying make-up behind the wheel, offenders can be sent to prison for up to five years.
In cases where uninsured, unlicensed or disqualified drivers are responsible for deaths on the road the new law introduces prison sentences of two years. This plugs a gap in previous road traffic legislation that has allowed drivers who kill to walk away from court with a fine and once more is a warning to those who employ people to drive as part of their job to ensure that all statutory requirements are complied with and safe working practices implemented. Failure to do so raises the possibility of vicarious responsibility on the part of employers for the unlawful acts of their staff.
● Sean Joyce is a partner at North West law firm Stephensons Solicitors LLP.
He has just launched a new service for road transport users called Carry on Driv ing, which offers free initial legal help to businesses and indiv iduals who are facing a prosecution.
For further information, contact Sean v ia e-mail: saj@stephensons.co.uk or visit: www.stephensons.co.uk/carryondriving
Published: 06/10/2008
